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TO 

LAWYERS, CLAIM AGENTS, CLAIMANTS, 

APPLICANTS FOR POSITION IN THE CIVIL 

SERVICE, AND ALL OTHERS 

HAVING BUSINESS OF 

ANY KIND WITH THE GOVERNMENT AT 

WASHINGTON CITY. 



COMPILED FROM OFFICIAL DATA 

By Charles Pelham, Esq., 

OF THE WASniNGTON BAR. 
OFFICE NO. 52 CORCORAN BUILDING. 



WASHINGTON, D. C: 

WILLIAM G. WHITE, POWER PRINTER. 



I'rice 



^l-OO 



HINTS AND HELPS 



■TO- 



LAWYERS, CLAIM AGENTS, CLAIMANTS, APPLI- 
CANTS FOR POSITION IN THE CIVIL SERVICE, 
AND ALL OTHERS HAVING BUSINESS OF 
ANY KIND WITH THE GOVERNMENT 
AT WASHINGTON CITY. 



Containing Full, Accukate and Specific Information, Instructions and 
Suggestions in Regard to the Prosecution of Claims and Appli- 
cations FOR Pensions, Patents and Public Lands, Including the 
Rules of Practice in the Supreme Court of the United States, 
IN the Court of Claims, in the Pension, Patent, and Land Of- 
fices, AND OF THE INTERSTATE COMMERCE COMMISSION; TOGf THER WITH 

the full Text of the "Act to Determine the Jurisdiction of the 
r'iRCUiT Courts of the United States and to Regulate the Re- 
jiOVAL of Causes from State Cousts, and for Other Purposes, " Ap 
proved March 3, 1875; of the Act Amendatory of the Foregoing 
Act, Approted March 3, 1887; of the Act Known as the " Bowman 
Act," Approved March 3, 1863; of the Act to Provide for the 
Bringing of Suits Against the Government of the United States, 
Approved March 3, 1887; and of ths Interstat •: Commerce Act, 
Approved February 4, 1887; Co:;taining also the Civil Service 
Laws, Rules, Details of Methods of Examination, Rating of Can- 
didates, ETC., Together with Much Other Ikteresting and Valu- 
able Matter Relating to the Administration of the General 
Government. 



COMPILED FROM ohiCIAL DA\ 

By Charles Pelham, Esq, 




OF THE WASHINGTON BAE. 



0£5.ce iTo- S2 Corcorsixi E-ULild-ixigr, 
Washington, D. C. 






Entered according to an Act of Congress on July 14, 1887, 
IN THE OFFICE OF THE LIBRARIAN OF CONGRESS AT WASHINGTON, D. C, 




«^*7^ is impossible in a ivork of this character to 
give explicit and exact instruction in regard to any 
and every individual case^that may arise. 

Special information in any pa^rticular case, or on 
amy specific sitbjrct-maiter, coming under any of the 
titles of this volume, will he furnished on the receipt 
of OME DOLLAR. 

Address all orders for hooks and all inquiries for 
information, inclosing draft, money order, or cash in 
registered letter, to 

PELHAM, REID ^ STErEJVSOJ\f, 

52 Corcoran Building, 

Washington, D. C. 



TO THE READER. 

For more than twenty years last past, the author and com- 
piler of this book has been actively engaged in the practice of 
law, and in the prosecution of claims against the Government. 

This experience, together with that derived from the dis- 
charge of public duties, has rendered him familiar with the 
methods and routine of the Departments, and the volume here 
presented is the result of this personal and practical experience. 
It is confidently believed that it v/ill prove useful as well to the 
general public as to the profession. 

The compilation was originally undertaken with the view to 
the author's own convenience, but as he progressed the idea 
occurred to him that the book would be valuable to all persons 
who had, or might have, business transactions with the Gov- 
ernment through any of the Departments, and the work was ac- 
cordingly enlarged to answer this purpose. 

The book contains, first, a brief sketch of the Treasury De- 
partment, with the legal rights of attorneys, and the limitations 
which are imposed upon them. Then folio ^vs an exhaustive ac- 
count of the Civil Service, the law, and the rules and regula- 
tions of the Commissioners, including the manner of examina- 
tion, and also the secret methods of the Commissioners. To persons 
contemplating an examination for the classified Civil Service 
this information is invaluable. 

Then follows Pensions. First, there is a complete compilation 
of the pension laws, and then follows in detail all the rules and 
regulations of the bureiau, and the forms of practice and pro- 
cedure before it. The treatment is comprehensive, and also ex- 
tends to the minutest detail. The subject is exhausted, and 
nothing is left unsaid which would be of interest to attorneys, 
claimant s, or claim agents. 

Precisely in the same way and with the same fullness and 
completeness and accuracy and extent of detail is the treatment 
of the general laws, the special rules and regulations, the orders 
and instructions, with the procedure and practice, the forms and 

iU 



IV 

the fees in the Land Office, the Patent Office, the Post Office 
and the subordinate bureaus. « 

Of special interest to lawyers will be the Rules of Practice in 
the Supreme Court of the Dnited States ; the history of the 
Court of Claims, its enlarged jurisdiction under the "Bowman 
Act," and its rules of procedure and practice ; also the act en- 
larging the jurisdiction of the United States courts, and the act 
transferring causes to these courts from the State courts. 

Of special interest to all persons will be the Interstate Com- 
merce Act and the rules and regulations of the Interstate Com- 
merce Commission and the forms of procedure before it. 

In addition to this, the following matters which are consid- 
ered will possess interest for many persons, viz : 

The Registration of Prints and Labels ; Trade -marks ; Copy- 
rights ; French Spoliation Claims ; Propert}^ Abandoned and 
Captured during the war, and how to recover it ; Old Southern 
Claims; Unclaimed Interest on J^egotiated Bonds; Refunding of 
illegfllly Collected Taxes ; Passports ; Extradition ; Secret Serv- 
ice ; The Dead Letter Office, the Soldiers' Home, and the Gov- 
ernment Printing Office. 

The business of the Department of Agriculture, making analy- 
sis of soils and fertilizers, and supplying to the public choice 
seeds, plants, roots, etc., ought to have special attractions for the 
farmers of the country, and the operations of the Fish Commis- 
sion should interest all persons owning streams in which any 
species of fish might be raised with profit. 

This book is a complete and reliable compendium of all matters 
connected with the administration of the Government in which 
the people are personally and pecuniarily interested. Strange 
as it may appear^ nothing like it has ever been published before 
in one volume. Many compilations of single subjects herein 
treated have been printed, it is true, but for the first time, and 
in this book, has the whole contents of this valuable information 

been given to the public. 

CHARLES PELHAM, 
52 Corcoran Building, Washington, D. C» 
July 19, 1887. 



IISTDEIX. 

ACTS. 

Page 
8. The "Pendleton" Act. 

183. The "Bowman" Act. 

194. AN ACT to determine the jurisdiction of Circuit Courts of the 
United States, and to regulate the removal of causes from the 
State Courts and for other purposes. 

197. AN ACT to amend An Act entitled "An Act to determine the 
jurisdiction of the Circuit Courts of the United States, etc." 

300. AN ACT to pi o vide for the bringing of suits against the Govern- 
ment of the United States. 

303. The interstate Commerce Act. 



ASSIGNMENT. 
ATIORNEYS. 



1. Limitations on. 
3. Duties of. 

AGRICULTURE. 

330. Department of. 
BONDS. 

316. Back interest on. 
CIVIL SLRVICE. 

7. General Remarks. 

8. The Civil Service Law, or "Pendleton Act." 
11. President to Prescribe Rules. 

11. Sildiers and Sailors honorably discharged, prefered. 

13. Amended Civil Service Rules. 

18. Chief Examiner. 

18. Secretary. 

18. Boards of Examiners. 

19. Duties of Examining Boards. 
19. Duties of Heads of Offices. 
30. Examinations. 

30. Postal Examinations. 

30. Customs Examinations. 

31. Certification of Persons Defective in Sight, Speech, etc. 
31. Marking and Grading. 

S3. Complaints and Appeals. 

23. Non- Competitive Examinations. 



VI 

23. Special Examinations. 

24. Supplementary Examinations. 
24. Transfers. 

24. Dropping Applicaats from Records. 

25. Certiflcaiion of those Specially Examined. 
25. Oflacial Instructions to Applicants. 

29. Specimen Subjects of Examination and Questions. 

COURT OF CLAIMS. 

177. General Remarks. 

177. Jurisdiction Powers and Procedure. 

181 Miscellaneous Provisions. 

182. The "Bowman Act." 

185. Rults of the Court of Claims. 

CLAIMS. 

216. Fourth of July, 
216. Old Southern. 
222 . French Spoliation. 

THE COPYRIGHT SYSTEM. 

144. Directions for Securing Copyrights. 

THE DEAD LETTER OFFICE 157 

EXTRADITION 217 

FIS H COMMISSION 221 

GOVERNMENT PRINTING OFFICE. . . .'. 223 

INDIANS. 

2. Contracts with. 

INTERSTATE COM ME RE COMMISSION 211 

LAND OFFICE. 

75. Acquisition of Title. 

75. Ca-h Purchase by Timber Purchasers. 

76. Warrant Locations. 

76. Agricultural College S rip Locations. 

77. P.e-emp:ion. 

79. Sufferers from Grasshoppers. 

79. Dro ights in Kansas and Nebraska in 1879 or 1880. 

80. The ITom?stead Privilege. 

81. Commissions and Fees in Homestead Entries. 

81. Ciimati.^ Hindrances. 
83. Final Proof. 

82. Conversion of Pre-emption into Homestead Claims. 
88. Act of June 15, 1880. 



Vll 



84. Relinquishment. 

85. Adjoining Farm Homesteads. 

85. Additional Homesteads within Limits of Grants to Eailroads. 
87. Soldiers' and Sailors' Homestead rights. 

87. Soldiers' Widows, or Minor Orphan Children. 

88. Soldier's Claim may be filed by an Agent. 
88. Soldier's additional Homestead Entry. 

90. Partial waiver of Homestead rights. 
90. Indian Homestead Claimants. 
90. Limitation of Liability for Debt. 

90. Deposits for Special Surveys. ^ 
01. Paramount Pdght of an actual settler. 

91. States in which there are no District Land Offices, 
91. Timber Culture. 

94. Relinquishments. 

94. Kon- Agricultural Lands. 

94. Timber and Stone Lands. 

96. Saline Lands. 

96. Desert Lands. 

98. Execution and Delivery of Patents. 

98. Repayments. 

100. Appeils- 

101. The Board of Equitable Adjudication. 

102. Duties of Receivers and Registers. 
102. Suspended Entries. 

104. Additional Rules. 

104. United States Land Offices. 



PATENT OFFICE. 



106. 


General Remarks. 


108. 


Rules of Practice. 


108. 


Tnformati<m to Correspondents. 


110. 


Applicants. 


110. 


The Application. 


Ill 


The Petition. 


111. 


The Specification. 


112. 


The Oath. 


114. 


The Model. 


-115. 


Specimens. 


115. 


The Examination. 


115. 


Regulations and References. 


116. 


Amendments and Actions by Applicants. 


117. 


Designs. 


118. 


Reissues. - 


119. 


Interferances. 


123. 


Appeals 


124. 


Hearings and Interviews. 


125. 


Motions. 


125. 


Taking and Transmitting Testimony. 



Vlll 

128. Issue. 

128. Date, Duration and Form of Patents. 

128. Delivery. 

128. Correction of Errors in Letters-Patent. 

129. Abandoned, Forfeited, and Renewed Applications. 

129. Extensions. 

130. Disclaimers. 

131. Caveats. 

132. Assignments. 

133. Fees and Prices of Publications. 
135. Pepayment of Money. 

135. Publications. 

135. Library Regulations. 

PENSIONS. 

35. General Remarks. 

37. Revised Statutes now in force. 

48. Amendments. 

53. Invalid Pensions. 

53. Evidence in Invalid Pension Claims. 

54. Claims for Increase of Invalid Pensions 

54. Renewal of Pension. 

55. Claims of Widow? and Children. 

55. Proof, how made. 

56. Claims of Dependent Relatives. 

57. Magistrates, Witnesses, and Testimony. 

58. Copies or Originals of Papers. 

58. Pensions to the Survivors of the War of 1812, and to their Widows. 

59. Old War, Navy, and Bounty Land Claims. 
61. Recognition of Agents and Attorneys. 

64. Rules of Practice Before the Commissioner. 

65. Articles of Agreement Between Claimant and Attorney. 
69. Statutes Now in Force. 

POST-OFFICE DEPARTMENT. 

146. General Remarks. 

147. Instructions to Bidders and Postmasters. 

151. Sub-contracts. 

152. Permission to Sublet. 

154. Form of Proposal. 

155. Form of Bond. 
155. Interrogatories. 

155. Oath of Sureties. 

156. Certificate of Postmaster. 

RULES OF PRACTICE. 

108. In Patent Office. 

164. In Supreme Court. 

185. In Court of Claims. 

211. Before Interstate Commerce Commission. 



SUPREME COURT OF THE UNITED STATES. 

164. Rule of Oct. Term 1886. 

165. Clerk. 

165. Attorneys and Counsellors. 

165. Practice. 

165. Bill of Exceptions. 

165. Process. 

166. Motions. 

166. Law Library. 

167. Writ of Error, Return and Record. 

167. Docketing Cases. 

168. Printing Records. 
168. Translations. 

168. Further Proof. 

169. Objections to Evidence. 
169. Tertiorari. 

169. Death of a Party. 

170. No Appearance of One or Either Party. 

170. Printed Arguments. 

171. Briefs. 

171. Oral Arguments. 

172. Interest. 

172. Costs. 

173. Opinions of the Court 

173. Call and Order of the Docket. 

174. Argument. 

174. Dismissing Cases in Vacation. 

174. Supersedeas. 

174. Rehearing. 

174. Printed Records and Briefs. 

174. Writ of Error and Appeal. 

175. Models, Diagrams and Exhibits of Material. 

176. Prisoners on Habeas Corpus. 

SOLDIERS' HOMES .' 160 

TREASURY DEPARTMENT 1 

PASSPORTS 219 

POWERS OF ATTORNEY. 3 

PRINTS AND LABELS 143 

SECRET SERVICE 218 

TAXES ILLEGALLY COLLECTED 216 



TRADE MARKS. 

136. An Act to Authoriz j the R .'gistration of, etc. 

137. An Act Relating to, etc. 

138. Rules and Forms for theRegistration of — 
138. Who may Obtain Registration. 

138. Statutory Requirements. 

139. The Application— Fac-similes to he Filed. 
139 Proceedings in the Office. 

140. Copies and Publications. 
140. Fees. 

140. Correspondents. 

140. Form of Letter of Advice. 

141. Form of Statement. 
141. Form of Declaration. 

FOR SECRET RULES OF THE CIVIL SERVICE COMMISSIONERS, 

SEE APPENDIX "A." 



i SKETCH OF THE TREASURY DEPARTMENT. 



The Constitution of the United States was ratified by the 
nine States required for its adoption, and became organic law in 
1788. The first Congress assembled in New York citV; Marcli 
4th, 1789. The act establishing the Treasury Department was 
approved by the President the 2nd day of September, 1789. 
The inception of the National Treasury dates as far back as June 
22nd, 1775; over a year before the Declaration of Independence. 
At that time the Continental Congress passed an ordinance pro- 
viding for the issue of a sum not exceeding two millions of 
Spanish milled dollars, in paper money, for the defence of 
America, for the payment of which the faith of the Colonies 
was pledged. By an ordinance passed July 29th, 1775, Congress 
appointed Michael Hillegas and George Clymer as joint Treas- 
urers of the United Colonies. On February 17th, 1776, a stand- 
ing committee of five was appointed to superintend the Colonial 
Treasury, examine the accounts of the treasurers and from time 
to time report to Congress. The committee superintended the 
emission of bills of credit and were authorized to employ one 
or more clerks for stating and keeping the public accounts under 
their direction and to provide books and a suitable ofi&ce for 
that purpose. 

The subject of counterfeiting also received attention from 
Congress and penalties were prescribed for counterfeiting the 
Continental bills of credit. On February the 11th, 1779,"Con- 
gress created the office of Secretary of the Treasurj^ Every 
person not familiar with the laws and usages relating to the 
allowance and prosecution of claims against the United States 
for the payment of monej^, and who alleges that he has such 
■claim, for the payment of which provision should be, or has 
been made by law, will require the advice and aid of a com- 
petent agent or attorney, either to secure the requisite legis- 
lation, or to obtain the allowance and payment of the claim. 
The first duty of the claimant in such cases is to secure the 
services of such agent or attorney. There are some limitations 
and modifications imposed by acts of Congress on the powers 
which may be exercised by attorneys or agents in th:ir relations 
to the Government and on the forms of appointing them. The 
Revised Statutes contain these provisions on this subject: 

Sec. 3477. All transfers and assignments made of any claim upon the United 
^States, or of any part or share thereof, or interest therein, whetlier absolute or 
-conditional, and whatever may be the consideration therefor, and all powers of 
:attorney, orders, or other authorities for receiving payment of any such claim. 



or of any part or share thereof, shall he ahsol utely null and void, unless they 
are freely made and executed in the presence of at least two attesting wit- 
nesses, after the allowance of such claim, the ascertainment of the amount 
due, and the issuing of a warrant for the payment thereof. Such transfers, 
assignments, and powers of attorney must recite the warrant for payment, and 
must be ackuowledged by the person making them, before an officer having 
authority to take acknowledgements of deeds, and shall be certified by the 
officer; and it must appear by the certificate that the officer, at the time of the 
acknowledgement, read and fully explained the transfer, assignment, or war- 
rant of attorney to the person acknowledging the same. 

Sec. 1576. Every assignment of wages due to persons enlisted in the naval 
service, and all powers of attorney or other authority to draw, receipt for, or 
transfer the same shall be void, unless attested by the commanding officer and 
paymaster. The assignment of wages must specify the precise time when they 
commence. 

Sec. 1291. No assignment of pay by a non-commissioned officer or private 
previous to his discharge shall be valid. 

To make a valid contract with Indians the following rules are 
prescribed by the Department: 

First. Such agreement shall be in writing, and a duplicate of it delivered to 
each party. 

Second. It shall be executed before a judge of a court of record, and bear 
the approval of the Secretary of the Interior and the Commissioner of Indian 
Affairs indorsed upon it. 

Third. It shall contain the names of all partie s in interest, their residence 
and occupation; and, if made with a tribe, by their tribal authorities. The scope 
of authority and the reason for exercising that authority shall be given specifi- 
cally. 

Foiirih. It shall state the lime when and the place where made, the particular 
purpose for which made, the special thing or things to be done under it, and, if 
for the collection of money, the basis of the claim, the source from which it is 
to be collected, the disposition to be made of it when collected, the amount or 
rate per centum of the fee in all cases; and, if any contingent matter or condi- 
tion constitutes a part of the contract or agreement, it sha'l be specifically set 
forth. 

Fiffh. It shall have a fixed limited time to run, which shall be distinctly 
stated. 

Sixth. The judge before whom such contract or agreement is executed shall 
certify, officially, the time when and the place where such contract or agree- 
ment was executed; and that it was in his presence, and who are the interested 
parties thereto, as stated to him at the time; the parties present making the 
same; the source and extent of authority claimed at the time by the contracting 
parties to make the contract or agreement, and whether made in person or by 
agent or attorney of either party or parties. 

All contracts or agreements made in violation of this section shall be null and 
void, and all money or other thing of value paid to any person by any Indian 
or tribe, or any one else, for or on his or their behalf, on account of such 
services, in excess of the amount approved by the Commissioner and Secretary 
for such services, may be recovered by suit in the name of the United State s iu 
any court in the United States, regardless of the amount in controversy; and 
one-half thereof shall be paid to the person suing for the same, and the other 
half shall be paid into the Treasury for the use of the Indian or tribe by or for 
whom it was so paid . 

The act of May 17th, 1878 (20 Stat., 62, sec. 2), authorizes a. 
contractor for carrying the mails, to sub-let or transfer his con- 
tract with ihe " consent in writing of the Postmaster General " 
Some of these statutes have been construed, and their effect in 
limiting the authority of attorneys has been declared in numerous 
cases. The regulations of the Treasu'y Department provide 
that— 



In every case to be finally adjudicated in this Department, the attorney shall 
present a letter of attorney from the claimant to prosecute the case, and shall 
he regarded as the attorney in such case with the right to receive any draft 
therein. 

Construction has been given to this in numerous cases. In 
addition to the provisions made by section 3477 as to the form 
and execution of a power of attorney to receive payment of a 
claim, the regulations require it to state *^ the number and kind 
of warrant " for paj-ment, '' the number, date and amoant of 
draft," that it ^' be dated subsequently to the date of the 
draft/' and they specify the officers before whom it is to be 
acknowledged. 

At common law and in judicial courts, an attorney has a lien 
in many cases, not only on papers in his possession, but also on 
the fruits of his labor. This lien may exist by express contract, 
or by common law. Its character, extent, and the remedies 
arising therefrom or thereon have been much discussed and con- 
sidered in valuable elementary works in many decided cases. 
It is now well settled, that an attorney who prosecutes a claim 
in the Treasury Department and receives a Treasury draft issued 
to make payment thereof has no lien thereon. 

And it seems, perhaps, that, in some cas^s, and under" ordi- 
nary forms of employment, if the attorney will not surrender 
the draft to his client, in order that he may indorse it for pay- 
ment, the latter may sue the United States in the Court of 
Claims, recover judgment thereon, and thus secure payment 
without first paying the compensation due to the attorney who 
originally prosecuted the claim in the Treasury Department. 
And, under ordinary conditions and the usual forms of employ- 
ment, the death of the claimant revokes the power of attor- 
ney, even if given in express terms, to receive a Treasury draft 
issued in payment of a claim against the United States. 

There are three questions to be considered by every attor- 
ney who may be retained to prosecute in the Treasury Depart- 
ment a claim against the United States: 

First. By w^hat form of contract and letter of attorney may 
his employment be secured, his powers adequately given and his 
right to compensation as fully protected as the law permits ? 

Second. What are the initial steps to be taken and the forms 
of procedure to be pursued to commence and carry on the pros- 
ecution; and, 

Third. Where and what is the law to be studied to secure the 
iillowance and payment of the claim ? 

Every attorne}^ should understand that his professional duties 
are to be performed in relation to claims against the United 
States with scrupulous fidelity, alike to his client, and to execu- 
tive officers, with unswerving integrity, and that for any failure 
vn either respect, he is amenable, not only to his client, but also 
to the officers whose authority he invokes It is important that 



every attorney should receive the proper evidence of his employ, 
ment, of his right to compensation^ and of his authority. 

Form of Agreement and Poiver of Attormi/ for Claims Generally. 



This agreement, between Charles Pelham, [the attorne}^] of 
Washington city, D. C, of the first part, and , [the 

claimant,] of the second part — 

Witnesseth, that said Pelham, as agent and attorney, agrees 
to take the exclusive charge and control of a certain claim, which 
said alleges he has, or is entitled to have, against 

the United States of America, [describing it] and to prosecute 
the same before any of the courts of the United States, or before 
any of the Departments of the Government or officers or agents 
thereof, or before the Congress of the United States, or any 
committees thereof, and before any officer, agent, commission, 
or convention which is or may be authorized to take cognizance 
of said claim, or through any diplomatic negotiations, or before 
any one or more or all of these or otherwise, as may be deemed 
proper. 

And in consideration therefor, said agrees to 

pay said Pel ham a sum equal to [any agreed rate] per cent, of 
the amount wdiich may be allowed on said claim; the payment 
of which, and of ail expenses incurred and moneys advanced in 
the prosecution of said claim is hereby made a lien upon the 
said claim, and upon any draft or order or authority to receive 
monej^ or evidence of indebtedness which maybe issued thereon, 
and upon all money which may be secured or paid thereon, or on 
such claim. 

[Where costs are to be expended insert the following:] 

[This agreement is not to be affected by any services performed 
by the claim.ant, or by any other agents or attorneys employed 
by him. And said agrees to advance and pay 

to said attorney, from time to time, all such sums of money as 
may be necessary to pay all costs and expenses of prosecuting 
said claim or incident thereto, and of carrying into effect the 
purposes hei'eof, to execute, from time to time, to the said Pel- 
ham, such powers of attorney and other instruments of writing, 
and do all other acts and famish all evidence which may be 
'Convenient or necessary for the successfal prosecution and col- 
lection of the said claim.] 

Said [the claimant] hereby appoints, with 

full power of substitution and revocation, said Charles Pelham, 
of Washington, D. C, his true and lawful attorney to present 
and prosecute said claim as aforesaid until final completion,- and 
said agrees to furnish, from time to time, all 

evidence necessary, or that may be demanded, giving and grant- 
ing to said attorney full power and authority to do and perform 



all and every act and thing whatsover requisite or necessary to 
be done in "and about the premises as fally to all intents and 
purposes, as said might or could do^ if person- 

ally present at the doing thereof, with full power, in the discre- 
tion of said Pelham, from time to time, of substitution and 
revocation , hereby ratifying and confirming all that said attorney 
or his substitute may or shall lawfully do or cause to be done by 
virtue hereof, and the said attorney, or if he should die his legal 
representative, is authorized to receive any warrant, draft, check, 
order, or authority for receiving money that may be issued in 
settlement of said claim; also, in consideration of the obligations 
assumed on the part of said attorney, this power of attorney is 
irrevocable, and any person who may have rights under said 
shall recognize this contract and power of attorney, 
and all rights of said Felham, his substitutes and legal repre- 
sentatives allowed, hereby annulling any and all former powers 
of attorney or authorizations whatsoever in the premises. 

In witness whereof^ the parties hereunto set our hands and seals 
this Ist day of June, A. B. 1887. 

. [seal.] 

. [seal,] 

, , [seal.] 

Executed in presence of — 
( Two witnesses who can 



write sign here. 



[Acknowledgment.] 

The stops to be taken and the forms of procedure to be pur- 
sued m commencing and carr3nng on the prosecution of a claim: 

1. When an attorney is employed to prosecute a claim against 
the United States the first inquiry which naturally presents 
itself is, to what ofiicer is application to be made ? This will 
depend on the character of the claim, and the evidence of a 
right to payment thereof. If it be one in which an act of Con- 
gress names the claimant, and authorizes payment to him, it 
may generally be presented directly to the proper Auditor who 
will examine and adjust it, make report thereof to the proper 
Comptroller, who will certify a balance due the claimant, on 
which, after registry in the office of the Register of the Treasury, 
a Treasury warrant will issue to the Treasurer of the United 
States as his authority for paying to the claimant or order the 
sum certified as due to him. The jurisdiction of the several 
Auditors and Comptrollers is prescribed by statute, and has been 
stated in detail in a form readily accessible. If the claim be 
one arising out of transactions connected with some branch of 
the public service, it is generally to be presented to the proper 
officer in that branch of tlie service for his approval, or for refer- 



6 

ence to the proper Auditor. In such case^ the claim, after proper 
authorization of payment by special act of Congress, or under a 
general law, may be paid directly by a disbursing officer, who, if 
necessary, may first ask the advice of the proper Comptroller if 
payment be authorized. Salaries of many officers are paid by 
disbursing officers. Others are, and most of them may, if neces- 
sary, be paid by an account stated by the proper Auditor and on 
a balance certified by the proper Comptroller. It is not prac- 
ticable here to point out more fully, or in detail, the officers to 
whom appUcation should be mads in order to initiate or to con- 
duct the proceedings to secure the payment of claims. The 
sources of information on this subject are abundant and readily 
accessible. 

2. The forms of procedure are simple and easily understood. 
The sources of information on this subject are also ample and 
readily accessible. An application to a disbursing officer for 
payment must be accompanied by a voucher showing in proper 
form, and on proper evidence, the sum due, and must contain 
the evidence of payment. An application to an Auditor for a 
statement of an account and report to a Comptroller should gen- 
erally be in writing, stating the claim of which payment is asked, 
and accompanied by evidence of its validity. 



THE CIVIL SERYIOE. 



Positions in the civil service of the Government are eagerly 
sought after on account of the absolute certainty of pay and the 
respectable and generally easy nature of the duties. 

Prior to 1883, appointments to all places were made either 
upon the personal knowledge of the appointing power, or upon 
the recommendation of influential persons, especially Senators 
and Representatives in Congress. Such is still the case with all 
places outside of the '^ Classified Civil Service," which now in- 
cludes about 14,000 clerkships, etc., in all parts of the country. 

In 1883, Congress passed the Pendleton Act, or '^ Civil Service 
Reform Laws," which will be found in the body of this work, 
together with the rules and regulations made in pursuance thereof, 
and having the force of law. 

The object of this Act was to open the avenues to Government 
-employment to deserving persons in all parts of the country, 
without regard to race, color, political belief, or influence. 

While this law has been criticised, there is no doubt that it 
has had the desired effect, in a marked degree, and that many 
have secured good places upon their own merits who would have 
had no opportunit}^ to do so by favoritism. A Democratic chief of 
bureau recently appointed an applicant upon his excellent exam- 
ination papers, and his feelings may be imagined when the 
unknown turned out to be a colored man of strong Republican 
proclivities. 

Some are deterred from entering these examinations by the 
idea that the questions are too diflEicult or technical, and that 
only graduates fresh from college stand any chance of success. 
This is emphatically denied by those familiar with the facts; and 
statistics of the appointments made under the law show a major- 
ity of scholars from the public schools, and also that a record of 
experience in business gives a great advantage to the applicant. 
The narrow limit of age is th'e chief bar to a large number, but 
this does not apply to honorably discharged soldiers and sailors, 
who have also a preference over ^^applicants attaining the same 
grade in marking." 

The first step for any candidate to take is to obtain the proper 
blank application from the Commissioners. When this is prop- 
erly filled out and filed, he will receive notice of the next exami- 
nation at which he (or she) should appear. 

Examinations in Washington city are generally held at the 
office of the Com.missioners, in the court house or old city hall, on 



\ 



8 

D street; between Third and Fifth streets northwest. Exami- 
nations in other parts of the countr}^, it is announced, will be 
held in future, so far as possible, at regular times and places, or 
at special times and places, to be duly advertised The changes 
in the classified service bj^ death, resignation, and discharge cause 
a constant demand for new clerks. 

The Commissioners sometimes refuse to issue blanks or receive 
applications from a particular State when the quota of that State 
is full. 

Other information will be found in the following, especially in 
the official ^^Instructions to Applicants-^ 

" THE PENDLETON ACT." 



(Chapter 37, Statutes at Large, vol. 33, p. 403 ) 
AN ACT to regulate and improve tlie civil service of the United States. 

Be it enacted by the ^^enate and TIous? of Representatives of the United States of 
America ill Co ngi^ess Assembled, That the Prer-ident is autliorized to appoint, by 
and with the advice and consent of the Senate, three persons, not more than 
two of whom shall be adherents of the same party, as Civil Service Commission • 
ers, and said three Commissioners shall constitute the United States Civil- 
Service Commission. Said Commissioners shall hold no other official place 
under the United States. 

The President may remove any Commissioner; and any vacancy in the posi- 
tion of Commissioner shall be so filled by the President, by and wirh the advice 
and consent of the Senate, as to conform to said conditions for the first selec- 
tion of Commissioners. 

The Commissioners s^all each receive a salary cf three thousand five hun- 
dred dollars a year. And each of said Commissioners shall be paid his neces- 
sary traveling expenses incurred in the discharge of his duty as a Commis- 
sioner. 

Sec. 2 That it shall be the duty of said Commissioners: 

First, To afd the President, as he may request, in preparing suitable rules 
for carrying this act into -effect, and when said ru'es shall have been primulgated 
it shall be the duty of all oifiners of the United States in the Departments and 
offices to which such rules may relate, to aid, in all proper ways, in carrying 
said rules, and any modifications thereof, into effect. 

Second. And, amon other things, said rules shall provide and declare, as 
nearly as the conditions of good administration will warrant, as follows: 

First. For open, competitive examinations for testing the fitness of applicants 
for the public service now classified or to be classified heieunder. Such exam- 
inations shall be practical in their character, and so far as may be shall relate 
to those matters which will fairly test the relative capacity and fitness of the 
persons examined to discharge the duties of the service into Avhich they seek to 
be appointed. 

Second. That all the offices, places, and 'employments so arranged or to be 
arranged in classes shall be filled by selections according to grade from among 
those graded highest as the results of such competitive examinations. 

Third. Appointments to the public service aforesaid in the Departments at 
Washington shall be apportioned among the several States and Territories and 
the District of Columbia upon the basis of population as ascertained at the 
last preceding census. Every application for an examination shall contain, 
among other things, a statement, under oath, setting forth his or her actual 
bona fide residence at the time of making the application, as well as how long- 
he or she has beejQ a resident of such place. 

Fourth That there shall be a period of probation before any absolute ap- 
7)ofiitment or employment aforesaid. 



9 

Fifth. That no person in tHe public service is for that reason under any obli- 
gations to contribute to any political fund, or to render any political service, 
and that he will not be removed or* otherwise prejudiced for refusing to do so. 

Sixth. That no person in said service has any right to use his official author- 
ity or influence to coerce the political action of any person or body. 

SeventJi. There shall be non-competitive examinations in all proper cases be- 
fore the Commission, when competent persons do not compete, after notice has 
been given of the existence of the vacancy, under such rules as may be pre- 
scribed by the Commissioners as to the manner of giving notice. 

Mghth. That notice shall be given in writing by the appointing power to said 
Commission of the persons selected for appointment or employment from 
among those who have been examined, of the place of residence of such per- 
sons, of the rejection of any such persons after probation, of transfers, resig- 
nations, and removals, and of the date thereof, and a record of the same shall 
be kept by said Commission. 

And any necessary exceptions from said eight fundamental provisions of the 
rules shall be set forth in connection witli such rules, and the reasons therefor 
shall be stated in the annual reports of the Commission. 

Third. Said Commission shall, subject to the rules that may be made by the 
President, make regulations for, and have control of, such examinations, and» 
through its members or the examiners, it shall supervise and preserve the 
records of the same; and said Commission shall keep minutes of its own pro- 
ceedings. 

Fourth, Said Commission may make investigations concerning the facts, 
and may report upon all matters touching the enforcement and effects of said 
rules and regulations, and concerning the action of any examiner or board of 
examiners hereinafter provided for, and its own subordinates, and those in the 
public service, in respect to the execution of this act. 

Fifth. Said Commission shall make an annual report to the President for 
transmission to Congress showing its own action, the rules and regulations and 
the exceptions thereto in force, the practical effects thereof, and any sugges- 
tions it may approve for the moie effectual accomplishment of the purposes of 
this act. 

Sec. 3. That said Commission is authorized to employ a chief examirer, a 
part of whose duty it shall be, under its direction, to act with the examining 
boards, so far as practicable, whether at Washington or elsewhere, and to secure 
accuracy, uniformity, and justice in all their proceedings, which shall be at all 
times open to him. The chief examiner shall be entitled to receive a salary at 
the rate of three thousand dollars a year, and he shall be paid his necessary 
traveling expenses incurred in the discharge of his duty. The Commission 
shall have a secrttary. to be appointed by the President, who shall receive a 
salary of one thousand six hundred dollars per annum. It may, when neces- 
sary, employ a stenographer, and a messenger, who ahall be paVl, when em- 
ployed, the former at the rate of one thousand six hundred dollars a year, and 
the latter at the rate of six hundred dollars a year. The Commission shall, at 
Washington, and in one or more peaces in each State and Teriitory where ex- 
aminations are to take place, designate and select a suitable number of persons^ 
not less than three, in the official service of the United States, residing in said 
State or Territory, ;/ft r consulting the head of the depa'tmentor office in 
which such persons serve, to be members of boards of examiners, aad may at 
any time substitute any other person in said service living in such State or Ter- 
ritory in the place of any one so selected. Such boards of examiners shall be 
so located as to make it reasonably convenient and inexpensive for applicants- 
to attend before them; and where there are persons to be examined in any State 
or Territory, examinations shall be held therein ut least twice in each year. It 
shall be the c'uSy of the collector, postmaster, and other office:s of the United 
States, at any p' ace outside of the District of Columbia where, examinations 
are directed by the President or by said board to be held, to allow the reason- 
able U5e of the public bui'dings for holding such examinations, and in all 
proper ways to facilitate the same. 

Sec. 4. That it shall be the duty of the Secretary of the Interior to cause 
suitable and convenient rooms and accommodations to be assigned or provided^ 
and to be furnished, heated, and lighted, at the city of Washington, for carry- 
ing on the work of bivld Commission and said examinations, and to cause the 



10 

necessary statioueiy and other articles to be supplied, and the necessary print- 
ing to be done for said Commission. 

b'EC. 5. That any said commissioner, examiner, copyist, or messenger, or any 
person in the public service who shall wilfully and corruptly, by himsell' or in 
"CO-operation with one or more other persons, defeat, deceive, or obstruct any 
person in respect of his or her right of examination according to any such rules 
or regulations, or who shall wilfully, corrupt'y, and falsely mark, grade, esti- 
mate, or report upon the examination or proper standing of any person exam- 
ined hereunder, or aid in so doing, or who shall wilfully and corruptly make 
any false representations concerning the same or concerning the person exam- 
ined, or who shall wilfully and corruptly furnish to any person any special or 
secret information for the purpose of either improving or injuring the pros- 
pects or chances of any person f^o examined, or to be examined, be'ng appointed, 
•employed or promoted, shall for each su-'h offense be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be punished ■ y a fine of not less 
than one hundred dollars, nor more than one thousand doll irs, or by imprison- 
ment not less than ten days, nor more than one year, or by both such fine and 
imprisonment. 

8eo. 6. That within sixty days after the pas age of this act it shall be the 
duty of the Secretary of the Treasury, ^n as nr ar^conformity as may be to the 
classification of certain clerks now existing under the one hundred and sixty- 
third section of the Revised Statute?, to arrange in classes the several clerks 
and persons employed by the collector, nava^ officer, surveyor, and appraisers, 
or either of them, or being in the public service, at their respective offices in 
■each customs district where the whole number of said clerks and persons shall 
be all togethf r a=; many as fifty. And thereafter, from time to time, on the 
direction of the President, said Secretary shall make the like classification or 
arrangement of clerks and persons so < mp-oyed, in connection with any said 
office or office?, in any other customs district. And, upon like request, and for 
the purposes of this act, said Secretary shall arrange in one or more of said 
-cla-^ses, or of existing classes, any otlier clerks, agents, or persons employed 
under his Department in any said district not now classified; and every such 
arrangement and classification upm beirg made shall be reported to the Pres- 
ident. 

Second. Within said sixty days it shall be the duty of the Postmaster- 
General, in general conformity to said one hundred and sixty third sec- 
tion, to separately arrange in classes the several clerks and persons employed, 
or in the public service at each post office, or under any postmaster of the United 
States, where the whole number of said clerks and persons shall together amount 
to as many as fifty. And thereafter, from time to time, on the direction of the 
Picsident, it shall be the duty of the Postmaster- General to arrange in like 
■classes the c"'erks and persons so employed in the postal service in connection 
with any other post office; and every such arrangement and classification upon 
being made shall be reported to the President. 

Third. That from time to time the said Secretary, the Postmaster-General, 
and each of the heads of departments mentioned in the one hundred i.nd fifty- 
eighth section of the Revised Statutes, and each head of an office, shall, on the 
direction of the President, and for facilitating the execution of this act, 
respectively revise any then existing classification or arrangement of those in 
their respective departments and offices, and shall, for the purposes of the 
examination herein provided for, include in one or more of such classes, so far 
as practicable, subordinate places, clerks, and officers in the public service 
pertaining to their respective departments not before classified for examination. 

Sec. 7. That after the expiration of six months from the passage of this act 
no officer or clerk shall be appointed, and no person shall be employed to enter 
or be promoted in either of the sail classes now existing, or that may be 
arranged hereunder pursuant to said rules, until he has passed an examination, 
or is shown to be specially exempted from such examination in conformity here- 
with. But nothing herein contained shall be construed to take from those 
honorably discharged from the military or naval service any preference con- 
ferred by the seventeen hundred and fifty-fourth section of the Revised Stat- 
utes, nor to take from the President any authority not inconsistent with this act 
■conferred by the seventeen hundred and fifty-third section of said statutes; nor 
«hail any officer not in the executive branch of the Government, or any person 
merely employed as a laborer or workman, be required to be classified here- 



11 

under, nor, unless by direction of the Senate shall any person who has been 
nominated for confirmation by the Senate be required to be classified or to pass 
an examination. 

Sec. 8. That no person habitually using intoxicating beverages to excess shall 
be appointerl to, or retained in, any office, appointment, or employment to "which 
the provisions of this act are applicable. 

Sec. 9. That whenever there are already two or more members of = family in 
the public s rvice in the grades covered by this act, no other member of such 
family shall be eligible to appointment to any of said grades, 

Sec. 10, That no recommendation of any person who shall apply for office or 
place under the provisions of this act which may be given by any Senator or 
member of the House of Representatives, except as to the character or re^dence 
of the appMcant, shall be received or considered by any person concerned in 
making any examination or appolrtment under this act. 

Sec 11. That no Senator, or Keprrsentative, or Territorial Delegate of the Con- 
gress, or Senator, Representative, or Delegate el* ct, or any officer or emp-oyee 
of either of said houses, and no executive,- judicial military or naval officer of 
the United States, and no clerk or employee of any departmeDt, branch, or 
bureau of the executive, judicial, or military or naval service of the United 
States shall, directly or indirectly, solicit or receive, or be in any manner con- 
cerne 1 in soliciting or receiving, any assessment, subscription, or contribution 
for any political purpose whitever, from auY officer, c'erk, or employee of the 
United States, or any department, branch, or bureau thereof, or from any 
person receiving any salary or compensation from moneys derived from the 
Treasury of ihe United States. 

Sec. 12. That no person shall, in any room or building occupied in the dis- 
charge of official dutie? by any officer or employee of the United crtatcs men- 
tinned in this act, or in any navy-yarrl, fort, or arsenal, solicit in any manner 
whatever, or receive any contribution of money or any other thing of va'uefcr 
any poli'icsl purpose whatever. 

Kec. 13. No officer or employee of the United States mentioned in this act 
shall ( ischarge, or promote, or degrade, or in manner change the official rank 
or compecsation of any other officer or employee, or promise or threaten so to 
do, for giving or withhoMing or neglecting to make any contribution of money 
or other valuable tiding for any political purpose. 

Sec. 14, That ro officer, clerk, or other person in the service of the United 
fctates shall, directly, or isdirectly, give or hand over to any other officer, clerk, 
or oth r person in the service of the United States, cr to any Senator or member 
of the House of Repres ntatives, or Territorial Delegate, any money or other 
valuable thing on account of or to be applied to the promotion of any political 
object what- ver. 

Sec 15. That any person who shall be guilty of violating any provision of 
the four foregoing secUons shall be deemed guilty of a misdemeanor, and shall, 
on conviction thereof, be punished by a fine net exceeding five thousand dol- 
lars, or by imprisonment for a term i ot excec^^ing three years, or by such fine 
and imprisonment both, in the eli^cretion of the court. 

Approved, January sixteenth, 1883. 

FROM the revised STATUTES UNITED STATES. 

" Section 1753. The President is authorized to prescribe such regulations 
for the admission of persons into the civil service of the United States as may 
best promo'e the efficiency thereof, and ascertain the fitness of each candidate 
in resp3Ct to age, health, character, knowledge, and ability for the braach of 
service into which he seeks to enter ; and for this purpose he may employ suit- 
able persons to conduct such inquiries, and may prescribe their duties, and 
establish regulations for the condu.t of persons who may receive appointments 
in the civil service." 

"Section 1754. Persons honorably discharged from the military or naval 
service by reason of disability resulting from wounds or sickness incu' red in 
the line of duty, shall be preferred for appointments to civil offices, provided 
they are found to possess ihe business capacity necessary for tiie proper dis- 
charge of the duties of such offices." 



THE AMENDED CIVIL SERVICE RULES. 



PREAMBLE. 

In the exercise of the power vested in the President by the ConstitutioD, and 
by virtue of the 1753d section of the Kev sed Statutes, and of the Civil Service 
act approved January 16th, 1883, the following rules for the regulation and 
improvement of the executive civil service are hereby amended and promul- 
gated: 

EuLE I. No person in said service sha'l u^e his official authority or influence 
either to coerce the political action of any person or body or to interfere with 
any election. 

Rule II. No person in the public service shall for that reason be under any 
obligation to contribute to any political fund, or to r nder any political service, 
and he will not be removed or otherwise preju Heed for r fusing to do so. 

Rule III. It shall be the duty of collectors, postmasters, ass stanttreavurers, 
naval officers, surveyors, appraisers, and custodians of public buildings at places 
where examinations arc to h-3 hekl, to allow a d arrange for the reasonable use 
of suitable rooms in the public buildings in their charge, and for heating, light- 
ing, and furnishing the s^me, for the purposes of such examinatiocs'and all 
other executive officers shall in a 1 legal and proper ways faciliiate such exami- 
nations and the execution of these rules 

Rule IY — 1. All officials connected with any office where, or for which, any 
examination is to take p'ace, will give the Civil Service Commission, and the 
chief examiner, such information ; s may be reasonably required to enable the 
Commi.-.sion to select competent and trustworthy examinets, and the examina- 
tions by those selected as eximmers, and the work incide? t thereto, will be 
regarded as a part of the public business to be performed at such office, and, 
with due regard to other parts of the public business said examiaers shall be 
allowed time eurii g office hours to p3rform the duties leciuired e)f them. 

3. Ii shall b(^ the duty of every executive c^ffict.r ] rempily to inform the Com- 
mission, in writing, of the removal or discharge from tie ] ubiic service of any 
examiner in his office, or of the inability orre u al of any such examiner to act 
in that capacity; and, on the requet of the Commission, such officer shall 
thereupon nanic not less than two persons seiviog under him, whom he regards 
as most competent for a place on an Examining Board, stating generally their 
qualifications and from all those who may be named for any such place the 
Commission shall select a person to fill the same. 

Rule y. Th: re shall be three branches of rhe service, classified under the 
Civil Service act (not inclu ing "iaborcrs or workmen, or officers required to be 
confirmed by the Senate;, as follows: 

1. Those classified in the D partments at Washington shall be designated 
"The Classifie i Departmental Service." 

2. Those classified under any collector, naval officer, surveyor, or appraiser 
in any custom- district shill be designated " The Classified Cus'oms Service." 

3. Those classifi' d under any postmaster at any post office, including that at 
Washington, shall be d signated The Classified Po -tal S;.rvice." 

4. The cl ssified Customs Service sball embrace the several customs districts 
where the officials are as many as fifty, now thi following: New York city, N. 
Y. ; Boston, Mass. ; Philadelphia, Pa. ; San Francisco. Cal. ; Baltimore, Md. ; 
New Orleans, La.; Chicago, 111.; Burlington, Yt. ; Poitland, Me.; L>etroit, 
Mich.; Port Huron, Mich. 

5. The Classified Postal Service shall emb ace the several post offices where 
the offlcids are as many as fifty, now 'he fodowing: Albany, N. Y. ; Baltimoie, 
Md.; Bostm, Mass.; Brookljm, N. Y. ; Buffalo, N. Y.; Chicago, TIL; Cincin- 
nati, Ohio; Cleveland, Ohio; Detroit, Mich.; Indiauapolis, Ind.; Jersey City» 



13 

K. J.; Kansas City, Mo.; Louisville, Ky. ; Milwaukee, Wis.; Minneapolis, 
MiDn.; Newark, IS. J,; New Haven, Conn ; New Orleans, La.; New York 
city, K Y.; Pliiladelphia, Pa.; Pittsbucgh, Pa.; Providence. B. I.; Rochester, 
N. Y. ; Saint Louis, M) ; Sain-. Paul, Minn.; San Francisco, Cal.; Washington, 
D. C. 

6. Whenever within the meaniag of the said act the clerks and persons em- 
ployed by the collector, naval officer, surveyor, and appraisers, or either of 
them, in any custom ^ district, shall be as many as ficty, any existing classifica- 
tion for the Cust'jms service shall app^.y thereto, and when the number of 
clerks and persons employed at any post officj shall b3 as many as fifty, any 
existing classification of those ii the Postal Service shall apply thereto, and 
thereafter^ the Commission wdl pro vide for examinaicns for filling the vancan- 
cies at said offices, anl the Rules will be applicablp thereto. 

Rule VI. There shall be open, competitive examinations for testing the 
fitness of applicants for a •mission to the service. Such examinations shall be 
practical in their character, and, so far as may be, shall relate to those matters 
which will fairly test the re ative capacity and fitness of the persons examined 
to discharge the duties of ihe branch of tbe service which they seek to enter. 

3. There shall, so iarasth^y may bj deemed useful, be competitive examina- 
tions of a suitable character to test the fitness of persons for promotion in the 
service. 

Rule YII. — 1. The general examinations u ider the first clause of Rule YI 
for admission to the service shall be limited to the following subjects: 1st. 
Orthography, penmanship, and copying 21. Arithmetic — fundameatal rules, 
fractions, and percentage. 3d. Interest, discount, and elements of book-keeping 
and of accounts. 4th. Elements of the English language, letter-writing, and 
the proper cmstiuction of sen'ences. 5th. Elements of the geography, history, 
and government of tlie United Slates. 

2. Proficiency in any subject upon which an examination shall be held shall 
be credited in grad'ng the standing of the persons examined in proportion to 
the value of a knowledge of su.^h subject in the branch or part of the service 
which the applicant seeks to enter. 

3. iNo (me shall be entitled to be certified for appointment whose standing 
upon a just grading in tbe general examination shall be less than sixty-five per 
centum of complete proficiency in tiie first three subjects mentioned in this 
rule, and that measure of proficiency shall be deemed adequate. 

4. For places in which a lower degree of education will suffice, the Commission 
may limit the examinations to less than the five subjects above mentioned ; but 
no person shall be certified for appomtment under this clause whose grading 
shall be less than an average of sixty-five per centum on such of the first three 
subjrcts or parts thereof as the examination may embrace. 

5. The Commissioa may also order examinations upon other subjects of a 
technical or special cha acter to test the capacity which may be needed in any 
part of th'j Classified Service which requires peculiar information or skill. Ex- 
amina ions hereunder maybe competiti-. e or non-competiiive, and the maximum 
limitations of age conained in the twelfth Rule shall not apply to applicants 
for the same. The application for, and notice of, thi se special examinations, 
the records thereof, and ihe certification of those found compe-ent, shall be 
such as the Con^mission may provide for. After consulting the head of any 
department r office, the Uomnissi m may, from time to time, designate, subject 
to the approval of the Pre^ideot, the portions therein for which applicants may 
be required to pass this special examination. 

Rule YIII. No qu-stion in any examination, or proceedmg by, or under, the 
Commission or examiners shall call for the expression or disclosure of any po- 
litical or religious opinion or affiliation, and if such opinion or affiliation be 
known, no discrimination shall be made by reason thereof by the examiners, 
the Commission, or the appointing power. The Commission and its examiners 
shall discountenance all disclosure, before either of them, of such opinion by 
or conceroing any applicant for examination or by or concerning any one whose 
name is on any regititer awaiting appointment. 

Rule IX. Ail regular applications for the competitive examinations for ad- 
mispion to the Classified Service must be made on blanks in a form approved by 
the Commission. Ail rcque^-ts for such blanks, and ail applications for exami- 
nation, must be addres ed as follows: 1. If for the Classified Departmental 



14 

Service, to the U. S. Civil Service Commission, Washington, D. C. 2. If for 
the Classified Postal Service, to the postmaster under whom service is sought. 
3. If for the Classified Customs Service, to the head of either customs office in 
which service is sought. All officers receiving such applications will indorse 
thereon the date of the reception thereof and transmit the same to the proper 
examining board of the district or office where service is sought, or, if in 
Washington, to the Civil Service Commission. 

Rule X. Every examining board shall keep such records and such papers on 
file, and make such reports as the Commission shall require ; and any such 
paper or record in the charge of any examining board or any officer shall at all 
times be open to examination as the CotnmissiDn shall dirjct, and upon its re- 
quest ihall be forwarded to the Commission for inspection and revision. 

Rule XI. Eveiy application, in order to entitle the applicant to appear for 
examination or to be examined, must state, undt-r oath, the facts on the follow- 
ing subjects : 1. Fall name, residence; and post-office address. 2. Citizenship. 
3. Age 4. Place of birth. 5. Health and physical capacity for the public 
service. 6. Right of preference by reason of military or naval service. 7. 
Previous employment in the public service. 8. Business or employment and 
residence for the previous five years. 9. Education, Such other information 
shall be furnished as the Commission may reasonnbly require touching the ap- 
plicant's Stness for the public service. The applicant must also state the num 
ber of members of his family in the public service, and where employed, and 
must also assort tbat he is net di>qualiied under section 8 of the Civil Service 
act, which is as follows : " That no person habitually using intoxicating bev- 
erages to excess sh?Jlbe appointel to or retained in any office, appointmeut, or 
employment to which the provisions of this act are applieable." No person 
dismissed from th3 pub'ic servic j for misconduct shall be admitted to examina- 
tion within two years thereafter, and no person not absolutely appointed or em- 
ployed after probation shall be admitted to an examination within 6ne year 
thereafter. 

2. No person under enlistment in the Army or Navy of the United States shall 
be examined under these rulss, except for some place requiring special qualifi- 
cations, and wi h the consent in writing of the head of the Department under 
which he is enlisted. 

3. The Commission may by regulations, subject to change at any time by the 
President, declare the kind aiad measure of ill health, physical incapacity, mis- 
representation and bad faith which may pr )perly exclude any person from the 
right of examination, grading, or certification under these rules. It may also 
pruvide for medical certificates of physical capacity in. the proper cases ; and 
for the appropriate certific.iUon of persoas so defective insight, speech, hear- 
ing or otherwise, as to be, apparently, disqualified for some of the duties of the 

part of the service which tjiey seek to enter. 

Rule XII. — 1. Every regular application mast be supported by proper certifi- 
cates of good moral character, health, and physical and mental capacity for 
doing the public work, thp certificates to be in S'nh form and number as the 
rejulations of the Commis-ion shall provide ; but no certificate will be received 
which is inconsistent with the tenth section of the Civil Service act. 

2. No one shall be examined for admission to the Classified Postal Service if 
undtr sixteen or over thirty-five years of age, excepting messengers, stampers, 
and other junior assistants, who must not be under fourteen years of age; or 
to the Classified Customs Service, or to the Classified D.^partmental Service, if 
under eighteen or over foity-five years of age; hut no ore bhali be examined 
for appointment to any place in the Classified Customs Service, exrept that of 
clerk or messenger, who is under twenty-one y ars o*' age; but these limitations 
of age shall not app'y to persons honorably discharged from the military or 
naval service of the country, who are otherwise du^y quilified. 

Rule XIII. — 1. The date of the reception of all regular applications for the 
Classified Departmental Service shall be entered « f reco.d by the Commission, 
and of all other regular applications by the proper examining boards of the 
district or office for which they are made; and applicants, when in excess of the 
number that can be examined at a single examinatio-^, shall, subject to the 
needs of apportionment, be notified to app-ar. in their order on the respective 
records. But any applicants in the several States and Teiritories for appoint- 
ment in the Classified Depa-tmenial Service may be notified to appear for 



15 

examination at any place at which an examination is to be held, whether in 
any State or Territory, or in Washington, which shall be deemed most con- 
venient for them. 

2. The Commission is authorized, in aid of the apportionment among the 
States and Territories, to hold examinations at places convenient for applicant* 
from diffeient States and Territories, or for those examination districts which 
it may designate and which the President shall approve. 

3. The Commission may, by regulation, provide for dropping from a^y 
record the applicants whose names have remained thereon for six months or 
more without having been reached In due course for notification to be examined. 

Rule XIY. Those examined shall be graded, and shnll have tbeir grade 
marked upon a register after those previousl}^ thereon, in toe order of their ex- 
cellence as shown by their examination p ipers, except tUat those from the same 
Si ate or Territory may be entered upjn the register together, in the order of 
relative excellence, to facilitate a ipoiti mment. Separate registers may be- 
kept of those seeking to enter any part of the service in which special qualifica- 
tions are reciuircd. 

Rule XV. The Commission may give a certificate to any person examined,, 
stating the grade which such person attaiaed, and the proficiency in the several 
subjects, shuwn by the markings. 

Rule XYI. — 1. Whenev r any officei having the power of appointment or 
empioymmt shall so request, there shad bo certified to him, by the Commission 
or the proper examining board, f ur names for the vacancy specified , tj be 
taken from those gradcl highest on the proper register of those in his branch 
of the servic3 and remaining eligible, regard being had to any right of prefer- 
ence and to the apporti-nment of appointments t > States and Territories; and 
from t .e Siid fou; a select oa shall be made for the vacancy. But if a person 
is on both a geneial and a special register he need not be certified from the- 
former, exc- pt at the discretion of the Commission, until he has remained two 
months upon the latter. 

2. These certifications for the service at Washington shall be made in such 
order as tj apportion, as nearly as may be practicable, the original appoint- 
m.nts thereto amon^^' the States and Terri'Oiies and the District of Co umbia,. 
upon the L^asis of population as ascertained at the last preceding census. 

3. In case the ieqi:est for any such certification or any law or regulation 
shall call for those of either sex. persons of that sex shall be certified, otherwise 
sex shall be disre.arJed in such certification. 

4. Subject 10 the other provisions of this ru'e persons eligible on any register 
shall be entitled to three certifications on'y, to the same oflBcer; but, with his 
requ st, in writing, there may be a fourth certification of such persons to him, 
when rea hed in order. No one shall rem un eligible more than one year upon: 
any register except as may be provided by regulation; but these restrictions 
shall not extend to examinations utder clause 5 of Rule 7. No person while 
remaining eligible on any register shall be a mitted to a new examination, and 
no persoa having failed upon examinalion shall, within six months thereafter^ 
be admitted to another examination, without the consent ot the Commission. 

.5. Any person appointed to or employed in any place in the clnssifled service, 
who shall be dismis ed or separated therefrom without fault or delinquency on 
his part may be reappointed or re-employed in the same Department or office 
at a grade for which no higher examination is recjuired than for the position 
he last held, within one year next following such dismissal or separation, with- 
out further exaojination, on such certification as the Commission may provide 
^ Rule XVII- — 1. Every original appointment or employmenr in said classified 
service shall be for the probationary period of six months, at the end of which 
time, if the conduct 'and capacity of the person appointed have been fou d 
satisfactory to the officer having the du'y of selection, the probationer shall be 
absolutely appointed or employed, but otherwise be deemed out of the service. 

2. Every officer under whom any probationer shall serve during any part of 
the probation provided for by these rules shall carefully observe the qualitj^ 
and value of the service render.d by such probationer, and shall report to the 
proper appointing officer, in writing, the facts observed by him, showing the 
character and qualifications of such probationer, and of the service performed 
by him; and such reports shall be pre:erved on file. 

3. Every false statement knowingly made by any person in his application 



16 

for examination, and every connivance by Lim at any false statement made in any cer- 
tificate which may accompany his application, and every deception or fraud practiced 
by him or by any person in his beha'f and with his knowledge to influence his exami- 
nati n, certification, or appointment, shall be regarded as good cause for refusing to 
certify such person or for the removal or discharge of such person during his probation 
or thereafter. 

EULE XVIII. Every head of a department or office shall notify the Commission of 
the name of every person apjxointed to, or emph^yed in, the classified service under 
him (giving the date of the appointment and the designation of the otfice or place) from 
those examined under the Commission; and shall also inform the Commission of the 
date of any rejection or final appointment or employment of any probationer, and of 
the promotion, removal, discharge, resignation, transfer, or death of any such person 
after probation. Every head of any office in the postal or customs service shall give 
such information on these subjects to the Board of Examiners for his office as the reg- 
ulations of the Commission may provide for, 

RuleX'X. There are excepted from examination the following: 1. The confiden- 
tial clerk or secretary of any head of a depaitment or office. 2. Cashiers of collect- 
ors. 3. Cashiers of postmasters. 4. Superintendents of money-order divisions in post- 
offices. 5 The direct custodians of money for whose fidelity another officer is under 
official bond, and disbursing officers having the custody of money who give bonds ; but 
these exceptions shall not extend to any official below the grade of assistant cashier or 
teller. (5. Persons employed exclusively in the secret service of the Government, or as 
translators, or interpreters, or stenographers. 7. Persons whose employment is exclu- 
sively professional; but medical examinei's are not included among such persons. 8. 
Chief clerks, deputy collectors, deputy naval officers, deputy surveyors of customs, 
and superintendents or chiefs of divisions or bureaus. But no persons so excepted 
shall be either transferred, appointed, or promoted, unless to some excepted place, 
without an examina ion under the Commission, which examination shall not take place 
within six months after entering the service. Promotions may be made without exami- 
nation in offices where examinations for promotion are not now held, until rules . n the 
subject shall be promulgated. 

Rule XX. If the failure of competent persons to attend and be examined, or the 
prevalence of contagious disease or other sufficient cause, shall make it impracticable to 
supply in due season for any appointment the names of persons who have passed a 
competitive examination, the appointment may be made of a person who has passed a 
non-competitive examination, which examination the Commission may provide for; 
but its next report shall give the reason for such resort to non-competitive examination. 

EuLE XXI. No person, unless excepted under Eule 19, shall be admitted into the 
classified civil service from any place not within said service without an examination and 
certificat on under the rules ; with this exce tion, that any person who shall liave been 
an officer for one year or more last preceding, in any department or office, in a grade 
above the classified service thereof, may be transferred or appointed to any place in the 
same without examination. 

2. No person who has passed only a limited examination tmder clause 4 of Eule 7, 
for the lower classes or grades in the departmental or customs service, shall be ap- 
pointed or be promoted within two years after appointment to any position giving a 
salary of $1,<'00 or upwards, without first passing an examination under clause I of 
said rule, snd such examination shall not be allowed within the first year after appoint- 
ment. 

3. But a person who has passed the examination under said clause 1, and has ac- 
cepted a position giving a salary of $90.0 or less, shall have the same right of promotion 
as if originally appointed to a position giving a salary of |1,000 or more. 

4. The Commission may at any time certify for a i^90 ' or any lower place in the clas- 
sified service, any person upon the register who has passed the examination under 
clause 1 of Eule 7, if such person does not object before such certification is made. 

EuLE XXII. Any person who has been in the classified departmental service for six 
months or more immediately previous may, when the needs of the service require it, be 
transferred or appointed to any other place therein upon producing a certificate from 
the Civil Service Commission that such pers n has passed at the required grade one or 
more examinations, which are together equal to that necessary for original entrance to 
the place which would be secured by the transfer or appointment; and any person who 
has for three years last preceding served as a clerk in the office of the President of the 
United States may be transferred or appointed to any place in the classified service with- 
out examination ' 

Eule XXIII. The Civil Service Commission will make appropriate regulations for 
carrying these rules into effect. 

Eule XXIV. Every violation, by any officer in the executive civil service, of these 



17 

I'ules, or of the lith, I'ith, 13th, or 14th section of the Civil Service act, relating to 
political assessments, shall be good cause for removal. 

Special Rule No. 1. Any person who was employed on or before the 16th day of Jan- 
uaiy, I883j in any Executive Department at Washington, in a pQ,sition not included in 
the classified service in said Department, but who was at that date exclusively engaged 
3u the duties of a clerk or copj'ist, and w^ho has since been continuouslv so engaged, 
may, in the discretion of the head of the Department, be treated as within the classified 
service in the Department, in a grade coi responding to such duties; provided such per- 
son has either already passed an examination nnder the Civil Service Rules, or shall 
pass an appropriate competitive or non-competitive examination thereunder, at a grade 
•of sixty-five per cent, or upwards. 

Approved June 12, 18S4. 

Speclvl Rule No. 2. The names of all persons who shall have successfully passed 
their examination under the Civil Serv ce Rule-* previous to July 16, 1884, may remain 
on the register of persons eligible for appointment two years from the date of their 
respective registrations, unless sooner appointed. 

Approved July 18, 1884. (Revoked October 1, 1885. ) 

Special Rule No. 3. Appointments to the 150 places in the Pension Office provided 
to be filled by the act of July 7th, 1884, except so far as they may be filled by promo- 
tions, must be separately apportioned by the appointing power in as near contoi'mity to 
•the second section of the act of January 16th, 1*^83, as the need of filling them promptly 
and the residence and qualifications of the applicants will permit. 

Approvevi July 22, 1884. 

Special Rule No. 4. Appointments to the 150 places in the Pension Office provided 
to be filled by the act of March 3, 1885, except so far as they may be filled by promo- 
motions or transfers, must be separately apportioned by the appointing power in as near 
conformity to the second section of the act of January ^6th, 1883, as the need of filling 
them promptly and the residence and qualifications of the applicants will permit. 

Approved July 18, 1884. 

Special Rule No. 5. Special Rule No.' 2, approved July 18th, 1884, is hereby re- 
voked All applicants on any register for the Postal or Customs Service, who, on the 
iirst day of November next, shall have been thereon one year or more, shall, in con- 
formity with Rule 16, be no longer eligible for appointment 'from such register. 

Approved Octo" er 1, 1885. 



• REGULATIONS. 

The United States Civil Service Commission, acting under the 
authority of the Civil Service Act of January 16, 1883, and the 
rules promulgated by the President, makes the following regula- 
tions : 

CHIEF EXAMINEB. 

Regulation 1, The Chief Examiner shall, as far as directed by the Commis- 
sioii, attend the examinations held bj^ the several boards ot examiners. He 
shall take care to secure accuracy, uniformity, and justice in all their pro- 
ceedings, which shall at all times be open to blpi ; but leaving the duty of the 
examiners, in marking and grading those examined, unimpaired. The Com- 
mission will, in its discretion, designate one of its own membtrs, or request the 
detail of a suitable person, to supervise examinations wheuever deemed ne.d- 
ful. 

Regulations. Ilefchall prepare and submit to the approval of the Commis- 
sion proper forms and questions. He shall take car<3 that the rules and regula- 
tions rebiting to his duties are complied w-th, and bring every' case of injustice 
or irregularity observed by bim to tho attention of t()e Commission. He shall 
tak^s such part as the Commissiin shall assign him in the wori at Washington. 
It shall be his duty to confer, fr:>m ti-ne to tisr.e. with t!ie heads of ihe postal 
and customs oScet which he officially visits concerning the regularity, suffi- 
ciency, and convenience of the examiuations for the service under ihem! 

SECRETARY. 

Regulation 3. The Secretary shall keep the m'nutes of the proceedings of the 
Commission, and have charge of and be responsible for the safe-keeping of the 
books, records, papers, and other pr!)perty in its office. He shall make the 
proper certification of tho-e eligible for tlio Departmental service. He shall 
generally conduct the corre spondence of the Commission and perform such 
other appropriate duties as it may ass gn to him. 

BOARDS OF EXAMINERS. 

Regulation 4. The general Beard of Examiners for the Departmental service 
shall consist of three persons from the Treasury < epartment. two from the War 
Department, one from the Navy Department, two from the Post Office Depart- 
ment, two from the Interior Dtparrment, one from the Department of Justice, 
one from the Department of Agriculture, and such members as the Commission 
may designate. But any members, not less than three, may be d( signated by 
the Commission to constitute the Examining Boar.l for any examination, gen- 
eral, special, or supplementary. 

The secretary of the Board of Examiners for the Departmental service shall 
keep a record of its pr6ceediiigs and have charge of its papers. 

Regulation 5 In case of examinations to be held at other places than these 
haviiig a classified service, the Commission will designate an examining board 
for that purpose. 

Regulation 6. For each post-office, the Boaid of Examiners shall consist of 
not less than thrc? nor more than five persoas. 

Regulation 7. The general Board of Examiners for each customs district shall 
consist of two or mor.' persons selected from the office of the collector, and one 
or more frcm each of the other customs offices which are subject to the rules ;. 
but if there be no office subj' ct thereto except that of the collector, the exami- 
ners shall be selecte ■< from his office : Provided, That no such board shall have 
more than nine members. 



19 

Regulation 8. Three examiners may serve as a board for conducting any ex- 
amination ; and the examiners for any customs district or post office will, sub- 
ject lo the direction of the Commission, determine which three shall hold any 
examination, taking care that, if an exa in* nation is wholly or mainly for any 
office, one or more of the examiners from that office shall be on the acting 
board. In case of a failure or disagreement as to which three shall be the 
board for any examination, the Commission or Chief Examiner shall designate 
the local examiners who shall serve. In case of the disability or absence of 
one of the three examiners coEstituting any board, the other two may conduct 
the examination. 

DUTIES OF EXAMINING BOAEDS. 

Regulation 9. Each Examining Board shall have a chairman and secretary 
to be selected by the Commission. It si i all be the duty of the secretary to keep 
a complete record of the proceedings of the board and all examiaations held. 
He shall also keep the record of applicants and examinations, and the register 
of persons eligible for appointment, and all other records required. He shall 
have charge of all books and papers belonging to the board and shall be re- 
sponsible to the Commission for their safe keepinp^. On applicatioo of the 
proper appointing officer, he shall certify to such officer in conformity to the 
rules and the directions of the Commission, the names of the four persons of 
highest grade remaining on the register, except in such cases as the Commis- 
sion may otherwise direct. He shall also answer all proper requests for appli- 
cation blanks, and send due notice to applicants to be examined, and shall give 
all otht r notices required. 

Regulation 10. ]S either the Commissioners nor any Examiner or other persons 
serving under them shall attempt to control or influence, in any manner, ap- 
pointments, removals, or promotions ; nor ^ an they re:eive, or transmit to ap- 
pointing officers aoy letters of request, certificates, or recommendations other 
than those provided in the application pa ;er ; and all suc'i unauthorized letters, 
certificates, and recommendations must be deposited with the Commission, 

Regulation 11. Care must be taken by the examiners to preserve order, and 
not to allow such visimrs as tliey may admit, nor any conversation or other 
cause, to obstruct or distract thos3 bei-.ig examined. 

Regulation 12. Examiners mist not d.'S lose, unless by consent, the names of 
those examined, or the grade they obtain. The relative standing of persons on 
the registers of eligiblcs must not be disclosed to any person without the con- 
sent of the Commission, as such disclosure may work a defeat of the purpose 
of the law in excluding influence, and iu securing the appointment of the most 
worthy. 

Regulation 13. The Board of Examiners for each office or distrir-t must 
promptly notify the Commissioa of the need of holding an examination in and 
for such office or distrct, and may suggest a time for the same, but subject to 
any change the Commission may find it necessary to make for the more con- 
venient and effective discharge of its duty to see that the examinations are 
accurate, uniform, and just. The notice must state under which clause or 
clauses of Rule 7 the applicants are to be examine:!, and must, when practicable, 
be given at least twenty days before the time appointed therein for the ex- 
amination. 

DUTIES OF HEADS OF OFFICES. 

Regulation 14, The head of each post office and of each customs office, to 
which the rules are applicable, should inform the local Board of Examiners of 
probable vacincies, that examinations for filling them may be held in due 
season, ftnd (as contemplated by Rule 18; should promptly inform the Board of 
Examiners for his office of the name of every person refusing an appointment 
or employment, or who shall be appointed to or employed in the classified 
service under him (giving the date of the appointment and the designation of 
the (ffice or place), acd of the name of every person rejected or finally appointed 
or employed a'ter probation, including the date thereof, and of the promotion, 
removal, discharge, resignation, transfer, or death of every such person. 

Regulation 15. Whenever anj^ officer in the Cusiouis or Postal Service to 
whom a certification has been m xde shall object in writing to any person in 
such certification because of ill-health or physical incapacity, specifying the 



20 

same, the person so ohjected to shall furnish such offic r a cerdficate of the 
nearest medical officer of the Revenue Marine or Marine Hospital Service, or 
other ph\sician approved by the secretary of the Board of Examiners, declar- 
ing him physicalL^ competent for the pcsltion soui^ht; in the case of failure to 
furnish such certificate another name shall be subsiituti d in the certification. 
Such certification shall coant as one of the tbree due such person. All such 
c:ses shall he reported promptly to the Comm ssion. 

Regulation 16 The secrC'arj of the Bjard of Examiners mus^, sign and 
deliver to the applicant obje. ted to the approprine blank form, addressed to 
the proper medic>il otficcT or selected physician, for such applicant to take to 
that officer f r the purpose of procuring the required certificate, and su'vh 
applicant shall be allowed three cays after such deliv^.ry to him to furnish the 
completed certificate. 

EXAMINATIONS, 

Regulation 17. Notices in writing should be mailed to apnlicauts for ex- 
amination in th'j postal and customs service at least eight days before the 
examination, an-l they shall clearly speci y the place and the time, including 
the hour, of holding the same. 

Regulati >n 18 iVll compe itive ( x iminations for admission to the civil service 
shall be in writing with ink, except that tests of physical qualities or expertness 
may be addtd as the Commission shall approve. 

Regulation 19. The examination sheet will commonly be given out in the 
order of their numbers; sach, Mfter ttie first, being given only when the 
applicant shall return t > the examiners the last sheet taken by him In case 
of the accidental sp uiinj^ of a sheet a dup ieate may be given in its place. 

RegulcitioD 20 Not more than J;cn questions shall be given in any subject, 
except in special < ximin ttions. T'are shall be taken that the time al o'ted for 
the examination shail be reas mably sufficient for answering the questions 

In gemral, no comp titive examination should occupy more than five hours, 
except in the case of special examinations, 

Regulation 21. The examination papers of each applicant shall > e marked 
only with a number, au'* his name with his number shall be place I in a sealed 
envelope, which ihall not be opeutd untU after his papers are marked. 

POSTAL EXAMINATIONS. 

Regulation 22. The examinations for clerks in the Postal St rvice shall em- 
brace suitable questions in th.^ first, (second, fourth, and fifth subjects mentioned 
in clau e 1, Ru e 7. 

The examinations for carriers shall embrace suitable questions in the /rs^ 
and s cond subj cts, and in the gengriLphij of Ih.^ fifth. 

Examinations f jr porters, jnlers, stamp boys, O' junior clerks, a d messengers, 
or other employees whose work i^* chiefly manual, may be limited to XhQ first and 
second subj cts, inclu "iug only the four elementary rules of arithmetic. 

CUSTOMS EXAMINATIONS. 

Regulation 23, The ex tminations for clerks, including storekeepers, in the 
Customs Service shall embrace the five subjects mentioned in clause 1, Ru'e 7. 

Examinations f )r inspectors shall embrace suitable questions in the first, 
second, fourth, and geography of Vie fifth subjects. 

Examinations for night inspectors and messengers may be limited to the 
first and second subjects. 

Examinations for weighers and gangers shall embrace the first and second 
subjects, and such additional practical and theoretical questions and tests as 
the Commission may direct. 

Examinations for « xaminersmay embrace thefii^st, second, smd fourth subjects, 
and such supplementary technical subjects as may be needed in each case. 

FRAUDS AND DISQUALIFICATIONS. 

Regulation 24. Every examiner .will exercise all due diligence to secure fair- 
nes?, and to prevent all collusion or fraud in the examinations. 



In case the Board of Examiners shall find that any applicant has made 
material misrepresentations of facts for the purpose of securing an examination 
or preference, or has been guilty of bad faith or fraud, either during an ex- 
amination or in order to cause advantage or prejudice to any applicant, and 
also in QQ.',e jprima facie evidence shall be presented to the Board of Examiners, 
that any person on a record is, hy reasons of criminal, infamous, cr^ profligate 
conduct, not a fit person to be examined or marked, or, if on a register, to be 
certified, it will be the duty of the Board to report upon the matter fully and 
promptly to the Commission, and the marking, grading, or certification of such 
person may be suspended pending the action of the Commission upon the subject. 

Regulation 25. Upon such report to the Commission, or such evidence other- 
wise appearing before it, the Commission will make the proper investigation 
and give appropriate direction to the Board of Examiners. 

Regulation 26. In case a person upon any register shall, by reason of ill- 
health or physical incapacity become manifestly disqualified for the service for 
which he or siie is registered, the Commission may direct that such person be 
not certified; and the Commission must be promptly informed by the proper 
Examining Boards of each case of such disqualification. 

Regulation 27. The Commission will promptly hear any explanation or objec- 
tion which the applicant affected by such suspension or refusal of an examina- 
tion, marking, or certification may wish to present, and will facilitate any ap- 
propriate appeal he or she may make. 

CFRTIFICATION OF PERSONS DEFECTIVE IN SIGHT, SPEECH, ETC. 

Regulation 28, A person so defective in sight, speech, hearing, or otherwise 
as to be apparently disqualified for some of the duties of the part of the service 
which he or she seeks to enter, may, after their names have been reached on 
the register, be placed on cerdfication from time to time in aldition to the 
proper number of names thereon in the usual course ; the nature of the defects 
to be plainly noted on the certification. 

MARKING AND GRADING. 

Regulation 29. The examination papers shall, so far as practicable., be re- 
viewed separately by each examin-.^r who takes part in the marking, and in any 
case of disagreement the average of the markings to be made on the papers by 
all, shall be the final marking on each question, subject to the regulation as to 
revision. 

RegulatioLi 30. To determine the standing of the applicant in any subject, 
credit each answer in propprtion to its completeness and accuracy according to 
the directions prescribed for f ach subject ; the perfect answer being credited 
100. Divide the sum of the credits by the number of questions upon the sub- 
ject ; the quotient will be the applicant's standin^:^ in that subject. 

Regulation 3L To determine whether any applicant has reached an average 
standing of 65 per centum in the first two Or the first three subjects, add the 
figures marking the applicant's standing in each ; divije Vitir sum by the 
number of the subjects, and the quotient will be the average stanrling therein. 

Regulation 32 No applicant is entitled to go upon the register of those eligi- 
ble for appointment whose average standin ; upon the firsf three subjects, or 
such parts thereof as are covered by the examination, is below 65 per centum ; 
therefore, when the marking has been carried so far as to show such average 
standing to be below 65 per centum, it need not be carried further. If the ex- 
amination includes no part of the fourth or fifth subject, such average stand- 
ing will be the general average to be entered on the register. 



22 



The following example illusirates these directions : 



First subject. 


Credit 1 o 

each 
question. 


Second subject. 


Credit to 1 

each 
quest on. 


Third ubject. 


Credit to 
each 

CLUtStiOD. 




80 
45 
71 
50 
65 


Qu 
Qu 

Qu 




1 
40 


Quest on I 


70 


OnpQflnn *2 


estion 2 ..*. 


90 i 

It 


Question 2 


45 


C5npat,1nn R 


estion 3 


Question 3 

Question 4 


£0 


Question 4 

Onpstinn ^ 


estion 4 . 


85 




Quest on 5 


100 






.... 






311 
5 


260 


390 


Divide stana- ) 
ings by number [ 
questions ) 


4 


5 


63.2 


65 


78 


Fourth s 


abject. 




Credit to 

each 
question. 


Fifth 


L^ ubject. 


Credit to 

each 
question 


Question 1 

Onp«itinn 2 . 


60 
50 

ao 

90 


1 






ro 


npQtinn **? 




91! 








80 


Question 4 









Question 5 


rs by nuin 





100 










DiWde standing 
quf'stions 


ber 


335 

5 

6T 


230 
3 




76 66 



The grade at which the applicant in this case will go upon the register is, 
therefore — 



63 .2+65+78+67+76. 63=.348. 86. 



348.86 



=69.77, General Average. 



Regulation 33. To whatever number of subjects the examination may extend, 
the general average will be ascertained by dividing the sum of the standings 
in each of the subjects by the number of subjects. 

Regulation 34. Every example, though it be a case of dictation or copying, 
is regarded as a question under these regulations, and, althous, h only a portion of 
the topics iificluced in a subject under Rule 7 is embraced inan examination, it 
will, for the purpose of the m-trking, be treated as a subject. 

COMPLAINTS AND APPEALS. 

Regulation 35. Complaints whic'i show in justice or unfairne s on the part of 
any Examining Board, or any one acting under the Commission, or any error in 
markim , will be considered by the Commission, and if necessary it will revise 
the marking and grading » n the p ipcs, or order a new examination, or other- 
wise t o justica in tie pi\mi'-:es. 

In ca']e any acti n of 'he ■ ommission is desired, the complaintor appealmust 
be made within ten days of the notice of stimdiug, and must specify particu- 
larly the matter complained of, together with the details cf objtcdon, 

NON-COMPETITIVE EXAMINATIONS UNDER RULE 20. 

Regulation 36. In case the nrcessit/ shall exist at any oflSce or Department 
f Dr holding a noa-competitive examination under Rule 20, the following condi- 
tions sh 11 be observed : 

The Commission «hall be immediately notified of such necessity aud the 
grounds thereof, showing that it is impracticable to supply in due season for any 



appointment the names of persons who have passed a competitive examination, 
^y reason of the failure of competent persons to attend and be examined, or , 
the prevalence of contagious disease or other sufficient cause. 

Regulation 37. If *he Commission shall not disapprove the holding of a non- 
competitive examination, the Secretary of the Commission at Washington, or 
of the examining board for any post-office or customs district, shall notify for 
such examinations any persons whose names may be on the record as applicants 
for places analogous to those to be filled, and whom the exigency of time may 
allow to be notified, not less in number than the vacancies and places to be pro- 
vided for. 

Regulation 38. If the Eumber of applicants on the record be insufficient to 
furnish such supp'.y, then the examining board, or in its absence the secretary, 
may nodfy other suitable persons, nominated by said board or secretary, upon 
consultation with the head of the office, who, taken logether with said regular 
applicants noified, shall, if practicable, be not less in number than four to each 
place to be filled. The persons selecteri for ppointment or employment shall 
be require 1 to make oath to the proper application paper before entering upon 
their official duties. 

Regula-ion 39. The non-competitive examination shall conform as nearly as 
practicable, in subjects, questions and marking, to the competitive examinations 
of the same aride ; but no pe.-son sball be appointed under such non-competi- 
tive exam nation whose average standing upon the first three subjects, clause 1, 
Rule 7, or such parts thereof as may be used, is less than 65 per centum . Pro^ 
mded, -"here are tbose who pass at or above that grade from whom the places 
•can be filled. 

Regulation 40 The names of all persotis passing the examination shall be 
•certified to the p oper officer, and the existing vdcancies shall be filled therefrom; 
lut no peiscn by reason of suchnrn competitive exarainal ion shall be appointed 
ut any otijcr time than dLiing f.uch exigency or to any other vacancy or place. 

Regulation 41. A record shall be kept by the local examining board, and by 
the Secretary of tbe Commission at Washington, of the persons thus notified, 
examined, and appointed, or employed, and copies of notices and the examina- 
tion papers shall be preserved ; and said board shall, Cifter each such examins,- 
tion and appointment, make full report to the Civil Service Commission of all 
the foCts. 

In cif e a majority of the Commission may not be present when an examina- 
iicn hereunder may need to be held at Washington, the same may be conducted 
under the charge of the chief examiner and any two members of the Board of 
Examiners. 

SPECIAL EXAMINATIONS. 

Regulation 42. Special boards of examiners for special examinations under 
clause 5, Rule 7, for the departmental service, shall be constituted as follows t 
a board of not exceeding five members for th'-; Patent Office, a board of not ex- 
ceeding seven members for the ' ension Office, and boards of three members 
each for the Slate Pepaitment, the Signal Office the Geological Survey, and for 
book keepers. Each special board shall mark all the papers of applicants ex- 
amined for its part of the service, and shall be subject to the regulation;; pre- 
scribed by the Commission for the general examining boards as far as they are 
applicable. 

Regulation 43. Applications for any special examination must be made in the 
form prescribed by the Commission, an '. must be accompanied by certificates as 
required in the case of or^iinary applications. The minimum limitations of age 
shall be the same as those prescribed by Rule 12 for the several branches of the 
service, but no maximum limitations shall be required except such as the Com- 
jnission may from time to t-me prescribe. Special boards of examiners will be 
designated by the Commission whenneedei. 

Regulation 44. Whenever a special examinati n is to be held, notice in writing, 
specifying the time and place* of the examination, shall be sent to a suitable 
number of the applicants, in the order of their application for the same, in 
time to allow thi.ir attendance. 

Regulation 45. Each special examination shall include the subjects both ob- 
ligatory and optional, approved by the Commission therefor, and no applicant 
•shall be entered upon any special register of eiigibles whose general average 



24 

upon the obligatory subjects shall be less than 65 per centum. Each optional 
subject shall be marked by itself, and entered separately upon the register. 

Regulation 46. A special record of applicants and a special register of eligi- 
bles shall be kept for each office or part of the service requiring special exami 
nations; and when the Commission or the proper examining board ehall be 
notified by the appointing officer of a vacancy in such office, certification shall 
be made to him of the names of the fonr persons graded highest on the Special 
Register of Eligibles for the same, or of a different number when good reasons,, 
approved by the Commission, may require; and a person may be certified more 
than twice to the same department or office from a special register, when the 
Commission shall so direct. In case the notice of vacancy shall contain a re- 
quest for persons having a knowledge of one or more of the optional subjects, 
the c^rtifica ion may be made of those graded highest in the subject or subjects- 
required. 

Regulation 47. In case any person whose name stands on both a general and 
a special register shall be appointed from the former, the Commission may, in 
its discretion, retain him on, and certify him for appointment from the latter. 

Regulation 48. In case that competent special applicants do not apply, or do 
not appear for a competitive examination after suitable notice, a non competi- 
tive examination may be held when the public need requires, in as near con- 
formity as may be to the regulations provided for other non- compstitive exami- 
nations for admission to the service. 

SUPPLEMENTARY EXAMINATIONS. 

Regulation 49. Supplementary examinations in subjects not enumerated in 
clause 1, Rule 7, of which a knowledge is required in the public service, will 
be held in addition to the general and limited examinations for the departmental 
service, and when such knowledge is claimed, in any application paper for either 
the general or limited examination, the applicant may be admitted to the sup- 
plementary examination without filing another application paper. 

Regulation 50. Each applicant who has passed the examination in any sup- 
plementary subject shall be placed upon the proper supplementary register. 
provided such applicant has obtained the required grade in the general or lim- 
ited examination, and may also be placed upon the general register according 
to standing in the general subjects respectively, if otherwise eligible. 

Regulation 51, Whenever any request for a certification shall require persons 
acquainted with either of these subjects, four persons standing highest on the- 
supplemeiitary register in the subjects named, or a different number, as may be 
ordered, shall be certified. 

Regulation 52. Boards of examiners for supplementary subjects shall be con- 
stituted as follows: A board of seven or more persons for the modem European 
languages; a board of three or more persons for each of the following subjects: 
Law, Medical Science, Stenography and Type writing, Telegraphy, Proof-read- 
ing, and Drafting and Copying of Drawings; and similar boards shall be ap- 
pointed when required fO'- positions of Assistant Librarians, and for other places 
requiring special knowledge or skill, 

TRANSFERS. 

Regulation 53. No person shall be certified for a transfer under Rule 22, ex- 
cept on request of the head of the Department to which the transfer is to be 
made, specifying the vacancy to be filled by such transfer. 

The person to be transferred must furnish to the Commission the proof of 
his having been in the Classified Departmental Service six months or more, im- 
mediately previous; and, if he has not already passed the required examination, 
must pass at the general average of 65 or over, a non-competitive examination 
equivalent to that required for admission to the place, or such parts of said ex- 
amination as he has not previously taken. 

DROPPING OF APPLICANTS FROM RECORDS. 

Regulation 54. Whenever the number of applicants for examination upon the- 
Record Books, in the office of the Commission, for any State, Territory, or^for 
the District of Columbia, or upon the Record Books of applicants for examina- 



25 

tion for any office in the Postal or Customs Service, shall in the opinion of the 
Commission, he in excess of the number likely to he examined for the same 
during the next six months, the Commission will, as justice and the public 
interest may require, exercise the authority conferred by Kule 13, by dropping 
therefrom all those who have been on any such Records for a period of six 
months or more, and will cause the applicants affected thereby to be properly 
notified that they have been thus dropped. 

CERTIFIATION OP THOSE SPECIALLY EXAMINED. 

Regulation 55. In the case of certification of applicants specially examined 
under clause 5 of Rule 7 to any Department, no person shall be more than 
twice certifie( I from any Special Register for the same office, except by request 
of the head of a Department, oi the special order of the Commission to be 
entered on its minutes. 

OFFICIAL INSTRUCTIONS TO APPLICANTS WHO WISH TO ENTER THE UNITBI> 
STATES CIVIL SERVICE. 

That part of the executive civil service for which examinations are held is 
designated the Cl^sifled Civil Service. It is in three branches, the Depart- 
mental, the Customs, and the Postal Service. (See Rule 5.) 

The examinations in each of these three branches of the service are so 
different that no examination for one of them makes a person eligible for ap- 
pointment in either of the others. No person who has been examined can, 
while eligible for appointment, have another examination either for the same 
office or for any other office or branch of the service without the consent of the 
Commission. (Rule 16, cl. 4.) 

Who mat be examined.— (1) Only citizens of the United States of the proper 
age can be admitted to the examinations, and no person habitually using in- 
toxicating beverages to excess can be appointed. (See Civil Service act, sec- 
tion 8.) 

(2) Every one seeking to be examined must first file an application upon an 
official blank. 

(3) No discrimination is allowed on the ground of political or religious 
opinioDS. (See Rule 8.) 

(4) For limitations of age see Rule 13, clause 3. 

The maximum limitations of age referred to do not apply to applicants honor- 
ably discharged from the military or naval service of the country, or to those 
applying for the Special examinations under clause 5 of Rule 7. 

Where AND how to apply for examination —(1) The blank application 
paper for the Departmental service should be requested directly of the "United 
States Civil Service Commission, Washington, D. C," and when filled and 
sworn to should be returned to the Commission. 

(3) The application paper for the Custom service must be requested of the 
head of the custom office which the applicant seeks to enter, and returned to 
that officer. 

(3) The application paper for the Po.tal service must be requested of the 
postmaster at the post office which the applicant seeks to enter, and returned 
to that postmaster. 

(4) There is no need of seeking the aid of any member of Congress or other 
Influential person to secure an application paper or an examination. 

(5) If on application to the proper officer a blank is not received within a 
reasonable time the fact should le brought to the attention of the Commission. 

Examinations and salaries in the departmental service.— (1) Ordi-- 
nary departmental examinations are divided into two grades, the General exam- 
ination and the Limited examination. 

(3) The (xeneral examination is for admission to places having salaries from 
$1,000 to $1,800, or over. The original admissions are usually at a salary of 
$1,000, though some of them are at a salary of $1,200. The General exami- 
nation includes the subjects named in clause 1, Rule 7. 

(3) The Limited examination is for admission to places with a salary ranging 
from $730 to $900 inclusive, oiiginal admission being commonly at a salary 



26 

of $900. The Limited examination is much easier than the General exami- 
nation, being mainly confined to the subjects numbered 1 and 2. It may em- 
brace also elementary questions in geography and the writing of a letter. 
As the work in the places reached by thi^^ examination i^ chiefly copying, a 
good handwriting is important to success. (See Rule 7, clauses 1 and 4. ) 

(4) A person who has taken only the Limit* d examination cannot be ap 
pointed to any place requiring the General examination. (See Rule 21, clausel.) 

(5) Those who pass the General examination, may, if they do not object, be 
certified for and appointed to the lower places ; but they may afterwards be ad- 
vanced to the higher without further examination. (Ru'fe 21, clause 2.) 

(6) Applicants who have passed the General examination take their chance 
to get at first a $1,200 or only a $1,000 place as must those who have passed 
the Limited examination take the chance of getting a $900 place, or only one of 
the $720 places. 

(7) The Departmental examinations, whether General or Llaiited, are for all 
places, above defined, in either of the Departments at Washington, and there 
are no separate examinations for places in any particular Department, except 
the Special ex .minations. The applicant must remember that the examina- 
tion, if it shows the requisite capacity, will only entitle him to be placed on the 
Register of persons eligible for appointment, and to be c^-tified, in his turn, to 
the appointing officer when a vacancy sha'l occur, and when his State is reached 
in the order of apportionment. 

Special examinations. — (1) For the places in the Departmental service 
where tci hnical and peculiar qualifications are needed. Special examinations are 
held. They embrace but a very small part of the whole service. Applicants 
for these places should file a s2oecial application paper, and these examinations 
may be taken in addition to the General or Limited examination. (See clause 
•5, Rule 7.) 

(2) Special examinations are at present held for the /S'i!ai!e Department, the 
Patent Offlce, the Pension Office, the Signal Office, the Geological Survey, and for /'?*-.( 
BookkeepKTS. (See Regulations.) 

(3) Information in regard to the subjects in these Special examinations will 
1)6 found in Appendix ISio. 7. 

Supplementary EXAinNATiONS. — (1 ) Besides the Special examinations above 
mentioned, examinations supplementary to the General and Limited examina- 
tions are open to those who have taken the latter, and may be taken on the 
same day. 

(2) These examinations are in the French, German, Spanisli, Italian, and 
Scandincman languages, and in law, medical science, stenograph]] , type-writing , 
telegraphg, drafting, (topogri.phic, mechanical, architectural and copying), 
proofreading, and for Assistant Librarians. A person passing in any one of 
these subjects, and who has passed the General or Limited examination, i3 
placed upon a Special Register and may be appointed therefrom. (See Regu- 
lations, 49-52, and Appendix _so. 7.) 

Examinations AND salaries in the customs service. -(1) There are three 
grades of examinations in the Customs Service : 1, for clerks and storekeepers, 
for whom the questions are about the same in grade as in the general examina- 
tions for the Departments; 2, for inspectors, embracing fewer subjects; 3, for 
night Inspectors and messengers, for whom there is a yet lower grade of ques- 
tions; 4, for openers and packers, a^ some offices. In some of the offices there 
are special customs examinations, in additional subjects, for gangers, weighers, 
and examiners. (See Regulation 23.) 

(2) The places in the classified customs service give a compensation cf $900 
and upwards, but do not include any place the appointment to which is made 
subject to confirmation by the Senate, nor the places excepted under Rule 19. 

Examinations and salaries in the postal service.— (1) There are in the 
post-offices three grades of examinations: 1, for clerks; 2, for carriers, and 3, for 
porters, the last including various subordinate positions. The first is the most 
difficult acd the last is the easiest. (See Regulation 22 ) 

(2) The classified postal service includes ail kinds of service at post-offices 
above the grade of laborers, and the compensation is too various at the different 
offices for definite statement here. 



27 

Railway mail service. — The railway mail service is not at present embiaced 
under the rules, and applicants for that service cannot therefore be examined 
for it under the Commission. 

Legal res^idence. — The law requires the oath of the applicant to actual 
bona fide residence. If the applicant has any doubt as to the place of his legal 
residence he should consult some competent person on the subject It would 
not be proper for a commissioner, or any one serving under the Commission, to 
become the adviser of any applicant on this question, and no such advice will 
be given. 

Occupation and business,- It is not enough in the application paper to use 
the word agent, clerk, or broker, which gives no idea of the kind of business ; 
&0I is it satisfactory to state "no business," merely because the applicant has 
had only household duties. There should be a descriptive statement of the bus- 
iness or occupation. 

The statements must be true. — Every false statement knowingly made in 
the application; or connived at in any certificate which may accompany it, is 
good cause, not only for exciusion from examination, but for discharge during 
probation or thertafter. (See Eule 17, clause 3.) 

No additional certificates. — jSTo recommendations or certificates, besides 
those provided for in the application i'seif, will be received or can be of any use 
in securing an examination or a certification for appointment. (See Regula- 
tion 10 ) 

Place OF examination.- (1) The examinations for any customs district or 
for any post-office are held only in that district or office, and by the examining 
board thereof, which also marks and grades the papers. 

(2) Applicants for the Departmental service may be examined either at Wash- 
ington or at any place in the several States more convenient for the applicant 
where e aminations are ordered by the Commission. Examinations for the 
I^epartmental service are occasionally held at the same time with examinations 
for the Postal and Customs service at the cities named in Rule 5. The exami- 
nation papers are sent to Washington to b*^ marked by the departmental e am- 
iners. Ail questions are prepared at Washington. 

Time of holding examinations — The time of holding customs and postal 
examinations depends upon the needs of the offices in the several branches of 
the service, and cannot, therefore, be precisely stated long beforehand. But 
these and other local examinations are held often enough to supply eligible 
persons for departmental appointments from the several States and Territories. 

Notice of examinations. — (1.) Notice of each examination is seasonably 
given to all applicants for the Departmental service who can properly and con- 
venienily attend it, by the Secretary of the Commission; and by the secretary 
of the proper board of local examiners to those seeking to enter the Postal or 
Customs service. 

(3.) In case of the inability of the applicant to attend, he will, upon a satis- 
factory explanation of the facts in writing, receive a notice to attend another 
examination. 

(3.) It is important that the applicant at all times keep the Commission in- 
formed of his or her post-office address. 

Notice CF STANDING. — (1.) Notice of the standing gained, whether the ap- 
plicant passes or not, will be given by the secretary who gave the notice of ex- 
amination, and as soon as practicaUe after the papers are marked, icWiout any 
request heing made; but, sometimes, owing to the many papers to be marked, 
several weeks may elapse before the notice can be sent. 

(2.) As under Rule 7 aud the regulations, the first three subjects earned in 
clause 1 of that rule (or the parts thereof to which the examination extends) 
are separately marked, the standing therein may be either higher or lower 
than the general average given for all the subjects. If the aver;:ige on these 
three subjects is above (i*^, the name will go on the register of eligibles, even 
though th^ general avera e on all tbe subjects falls below (55. (eeeRegula- 
tions^27-35.) 

(3.) No person who has failed on any examination can, within six months 
therccifter, be admitted to any other examination without The consent of the 
commission, in writing. Consent to a-re examlDation is given only where sick- 



28 

:\ 

ness or otber disablinp: cause occasione«A tlie 1 allure. No person dismissed 
from the service for misconduct can be examined within two years thereafter. 
(SeeEules 11 and 16.) 

Apportionment and certification. — (1.) The law requires appointments 
to the Departmental service to te apportioned to the ^ tates, Territories, and 
the Distiict of Columbia on the basis of population, and the Commission must 
make the certifications in such order as to bring about such apportionment. 
The nam/ s for any., certification nre, therefore, taken from the State or States, 
etc., which have competent applicants of the sex and grade required, and 
which arc entitled in the order of apportionment. In selecting persons from a 
State or Territory, etc., for a certification, the Commission sends the names of 
those standing highest In grade on the proper register for that State or Terri-^ 
tory. i>>/ 

(3.) In view of such facts, it ought to be seen that time spent la attempts to 
change the order of tbese certifications will be lost. Neither the presence of 
the applicant in Washington nor writing to the Commission will in the least 
hasten his certification. 

(3.) No requests or recommendations for certification will be considered or 
regarded. (See Rule 16 and Regulation 10.) 

Removals and appointments. — (1.) The Commission has no part in re- 
movals. In appointmen s it has no participation except as hereinbefore ex- 
plained. It can help no one to get an appointment. It knows nothing of any 
vacancy until it receives from the head of the Dc-partment the formal request 
for a certification to fill it ; and it has nothing whatever to do with the choice of 
the appointing officer from those ceriified. 

(2.) There is this exception, however, in regard to removals. The Commis- 
sion will investigate any charge of an alleged removal by reason of a refusal to 
pay an assessment for political purposes. (Rule 2.) 

When may an appointment be expected?— (1.) The Commisdon will n^J|t 
attempt to predict the time or probability of an appointment. The highest 
mark ; ossible is 100, the lowv st which gives eliglbibiy for appointment is 65, 
Each applicant by his examination practically decides his own standing, and 
hence his own chances of an early appointment. 

(2.) The time of examination' is not considered in making certifications, as 
the highest in grade on the register must be certified first, even though the last 
examined. Upoii strict business principles, the Government insists on the most 
competent who offer to work for the sjlarj^ it pays. 

(3.) Wh( n aufy State is reached in its order of apportionment the request for 
a certification may be 1, for females; 2, for males; 3, for tho;-e who have passed 
the limited examination; 4, for those who have passed the general examination; 
or 5, for those who have passed some one of three or four special examinations. 
There are, therefore, all these contingencies against the possibility of predict- 
ing correctly the particular person who may be selected. 

(4.) Neither the Commission nor any one connected therewith can inform ap- 
plicants of th';ir standing as compared with other persons, {^ee sec. 5 of the 
act.) 

Appointment OF w^omen — ;1.) The civil service act and the rules make no 
discrimination in regard to sex. The examinations are open alike to both 
sexes. 

(2.) The appointing officer, in his request for certifications, declares whether 
males or females are desired. The Commission must certify from the sex 
named. If the sex is not specifieel, the highest in grade, irrespective of s^. 
must be certified. 

(3.) Very few females are appointed in either the postal or the customs 
service. 

(4.) In the departmental service less than a sixth part of the appointments 
haVe thus far been of females ; and more than one-third of thos2 examined 
have been of that sex. 

The grade of applicants not made public. — The Commission has no 
wish, on its own account, to conceal the ma»'king of an}^ one, but the injustice 
and uselessness of making public the failures to pass the examinations are 
manifest. The Commissio^n and examining boards will not therefore give the 
standing of applicants to any one but tl\e applicants themselves. 



29 

Effect OF an appointment. — Applicants who have accepted an appoint- 
ment, or been tendered one which they fail to accept, are regarded as no 
longer on the register of eligibles or the record of applicants. 

Papers cannot re returned — All application papers and accompanying 
certificates of vouchers are a part of the records which the civil service act re- 
quires the Commission to preserve, and under no circumstances will the origi 
nals be returned to the applicant. 

Commission cannot give advice.— The Commission cannot advise persons as 
to vacancies in the service, nor furnish information as to the duties, salaries, 
course of promotion, or other facts as to positions, except such as may be found 
in its reports. 

^ Address all communications to the United States Civil Service Commission, 
^^ ashington, D. C. 

Note.— There are now 07er 14,'^00 places under the Government in the " classified civil 
service." 

•In the Departmental service it embraces places from and including those giv- 
ing a salary of $720 a year 'O and including those giving a salary of .•ii^2,000 or 
oxer. Eut there are yet various exceptions, mainly incident to incongruous 
laws in force prior to the Civil Service Act. Nevertheless, the examinations 
extend to all place s or offices above the grade of workmen or laborers who serve 
regal irly in the Departments at Washington, except about five hundred, which 
are inclusive of all officers confirmed by the Senate. 

There are a considerable number of clerkships in the Departmental service 
for which only very limited attainments, little beyond penmanship and the ca- 
pacity to spell ordinary words and to apply the elementary rules of arithmetic 
are required. For these places the Limite 1 Examination is provided. A pro- 
motion beyond a salary of $900 a year cannot be made within two years after 
appointment from a Limited Examination without passing the General Exami- 
nation. 

SPECUIEN SUBJECTS OF EXAMINATION AND QUESTIONS. 

It will be understood that the questions are different on each examination, 
but the following have actually been used, and in general subject and grade 
they are fair specimens of the whole. (See Rule 7, clause 4.) 

Departmental.— Series No. 6.— Limited Examination. 

(Covering the first, socoad, and a part of the fourth subjects.) 

{First subject.) 

Question 1. One of he examiners will read so distinctly, that each person be- 
ing examined can hear him, one of the exercises for dictation accompanying 
these papers. In general, not more thaa fifteen or eighteen words per minute 
should be read, nor more than five or six words without pause. Give the sense 
as much as possible, and be sure that all can hear. Allow two minutes at the 
close for punctuation 

(To Applicant Write as much as you can of the passage read. If from 
ai^y cause you miss a word, c^o not pause, but go on with the next words you 
hear. Write dearly and spell correctly.) 

Question 2. Copy the following precisely : 

" The amount of the funded debt redeemable at any time before September 1, 
1891, which will remain unpiid on the 30th of June, 1883. la about $300,000,000, 
and upon the foregoing estimates for the fiscal year ending June 30, 1883, the 
whole funded debt now redeemable rould be paid before June 30, 1886. This 
wouM leave as the surplus for more than five years the amount of $600 000,000 
undisposed of in the Trejsuiy, unless, yielding to the temptation of iceming 
wealth, xpenditures be largely increased. The amouat of the loan redeemable 
in 1891 is only |250,000,000, and, as has been stated, no other loan becomes re- 



deemalile until 1907, so that the surplus under the conditions supposed will 
rapidly increase until that date. The amount of the loan of 1907, as already 
appears, is less than $740,000,000, so that, were it all redeemable, the whole pub- 
lic debt could be paid from a surplus as great as estimated early in the fiscal 
year ending June -SO, 1894:."— [Beport of the Secretary of the Treasury, 1883.] 

Question 3. Write the following words, spelling them correctly ; 

buisries excede 

seperate prescious 

beauro leekage 

charaty emenate 

storeage ocasion 

guager prinseple 



achevement 

reccomendasion 

beleive 

registtrred 

tonage 

abcense 



{Second subject.) 



<• 



Question 1. During the fiscal year 1884 the exportation of cotton from certain 
American ports was as follows: New Orleans, 703,698,018 pounds; BaUimore, 
84,620,654 pounds; New York, 278,358 580 pounds; Yorktown, 11,208,246 pounds; 
Galveston, 190,574,067 pounds. What was the total number of pounds exported 
from the ports named ? 

Question 2. The number of yards of cotton cloth produced in the United 
States in 1860 wis 1,14S,252,406, and in 1880, 2,273 278,0i}5. By how many yards 
did 1 be production of 1880 exceed that of 1860? 

Question 3. How long will it take 50 clerks to count $1,500,000 in silver coin, 
one-half of which is in half dollars, and the other half in quarter dollars, each 
clerk counting at the ra eof fif y pieces a minute? Express the answer in hours. 

Question 4. Write in figures one million one thousand and one dollars and one 
cent. 

Question 5. Multiply 657,934 by 3,209. 

Que-tion 6. The whole number of pieces of mail matter handled at 112 post-J^ j 
offices was 1,143,518,880. What was the average number of pieces for each"^ 
office. 

Question 7. The War Department expended |1,765.25 for mucilage at $5.75 a 
dozen quarts. Mow many quarts were purchased ? 

Question 8. The Post Office Department bought 6,670 pounds of twine at 19-J 
cents a pound; 372 pounds of sponge at 65^ cents a pound, and 40-J dozen of ink 
at $2.50 a dozen. What was the total cost of the purchase? 

{Give the operations in full ) 



{Fourth subject.) 

Question 1. Write a better in the space below addressed to Richard Rush, esq., 
Philadelphia, Pa., on the coaiparative advantages and disadvantages of city and 
country life. 

This rxercise is designed chiefly to test your i^Tcill in simple tCngllsh composition 
and your knowledge of the rules of punctuation. 



Departmental. — Sekies No 6. — General Examination. 

The first subject is substantially ihe same as the first subject of the limited 
^examination just stated. (And see RuJe 7.) ' .j^ 



Second subject. 

Question 1. According to the census of 1880 the value of manufactured prod- 
ucts of Boston was $130,531,993; Brooklyn, |17 7,233,142; ChIcas:o, $249,022,948; 
New York, $472,926,437; Philadelphia, $324,342,985; Saint Louis, $114,3 !3,375. 
What was the total value of manufactured products of the cities named ? 

Express in figures the foljowing numbers : 

Question 2. One million one thousand one hundred and one. 



31 

Question 3. Two hundred and two million one hundred thousand and one, 
and sii hundred-thousandths. 

Express in words the following numbers • 

Question 4 103,004,601.00025. 

Question 5. I0,010,011,20o. 

Question G. The cost price of beef is 10| cents per pound, and of flour 3| 
cents per pound. A ration consists of 1 lb. 4oz.-of beef and 1 lb. 6 oz. of 
flour. What will be the cost of 10,840 rations at the above rates ? 

Question 7. From 1,000 grams of pure gold may be coined 279 of the 10- mark 
pieces of Germany. One gram is equivalent to 15.432349 Troy grains. The- 
U. S. gold dollar coi^tains 23 22-100 Troy grains. What is the equivalent in U. 
S. dollars of the 10-mark piece, decimally expressed? 

Question 8. Of an importation of wool weighing 42 torn 19 cwt. 3 qrs., 20 
lbs., 21 ions 4 cwt. 1 qr. 19 Ihs. are sold, and one half the remainder is lost by 
fire. How much is left? (The cwt equals 112 lbs.) 

Question 9. Two money countf rs in the Treasury were given packages of 
redeemfd U. S. notes to cou^t. Tlie first received 100 $100 notes, 200 .f50 
notes, 300 |20 notes, and 400 SIO notes ; and of each denomination there were 
10 notfs discounted 3-10 each Thf second counter received 50 .'plOO notes, isd 
$50 notes, 250 $20 notes, and 350 slO notes ; and of each denomination there 
were 20 notes dis'^ounted 2-10 each. What was the total face value of all the- 
notes when issued, the total dis:;ouut, and the cash value of the notes re- 
deemed ? 

Question 10. The wh, le amount of fractional currency issued was $368,724,- 
079.45, and the amount outstanding unredeemed June 30, 1883, $15,354,425.31. 
What amount had been redeemed at that time, and what per centum was ii of 
the whole amount issued ? 

{Give tJie operations in full ) 

( TMrd subject ) 

Question 1. Ki the close of business July 31, 1884, the interest bearing debt 
of ihe United States was as follows : Bonds at 3 per cent., $237,453,250 ; bond& 
at 4J per cent., $250,000,000 ; bonds at 4 per cent., $737,954,700. What is the 
total annual inteiest charge ; the average rate of intere t the total debt bears 
(decimal carried to four places) ; and the amount that would be saved in inter- 
est per annum if the entire debt were refunded at 2-| per cent. ? 

Question 2. The market ra^e of a 5 per cent, stock is 85^ per cen . ; if the 
purchaser pays broliei age (at i per cent, on par value), what rate of inierest 
does Le receive on his investment? 

Question 3. H"W mu h gold at lllf can be bought for $8,930 in currercy ? 

Question 4. Richard AVells, a contractor, furnished to the Interior Depart- 
ment, January 1, 18S2, 645 barrels of flour at $9.45 per barrel ; January 16, 
1,912 bushels of oats at 57 cents per bushe! ; April 4, 9,231 pounds of bacon at 9 
cents per pound ; May 3, 8,264 bushels of c rn at 74 cents per bushel ; and June 20^ 
325 barrels of pork at $12-65 per- barrel. -January 31, 1882, he was paid cash, $885; 
February 5, $450; April 11, $615.35 , and May 30, $4,162.15. OniDspectioa, June 
25, 345 pounds of bacon and 35 barrels of pork were condemned and rejected ; and 
on settlement June 30, 1882, he was charged $75 as penalty for failure to deliver 
goods in time, according to the terms of the contract, a!<owed a credit of ':65- 
for cartage, and paid the balance due him in cash. State Welis's account with 
the Interior Deptirtment in the form below, with proper headings. 

{Give the operations in full.) 

{Fourth subject.) 

Question 1. Express in your own language, at greater length and in good 
prose, changing the principal words, the thoughts contained in the following 
verses : 

" If all the year were playing holidays. 
To sport would be as tedious as to work; 
But when they seldom come, they wished-for come, 
And nothing pleaseth but rare accidents." 
Copy the three following sentences and correct the errors of syntax which 
they contain; 



32 

Qu'vStion 2, Of all other simpletons lie was the greatest. 

Quesiion 3. " Everybody has recollections which they think worthy of record- 
ing." 

Question 4. ISTeither James, John, or Peter were present. 

Copy the three following sentences, changing them so as to remove the am- 
biguities which they contain: 

Question 5. He stood at the window in Paris, where the crowd was assembled 
and saw the conflagration. 

Question 6. Walter told bis brother William tha;t his face was tied up because 
he had met with an accident. 

Question 7. Please send to ire at Washington the " Daily Sun," of Baltimore, 
where I shall remain next winter. 

Question 8. Write a letter of not less than twenty lines, addressed to Hon. 
John Eator, Commissioner of Education, giving your views of the proper stu- 
dies to be taught in the common schools to fit the pupils to become good citi- 
zens. 

{Fifth suhject.) 

Question 1. Which three States extend farthest north, and which three far- 
thest south? 

Question 2. Describe the course of the following rivers, giving the source, 
direction, and mouth of each: Hudson, Delaware, Potomac, Missouri, Arkan- 
sas. 

Question 3. What States are bounded in part by the Missouri river ? 

Question 4. In what wars did the following battles occur : Bunker Hill, 
Lundy's Lane, Eutaw Springs, Gettysburg, Palo Alto, Lake Erie, Monmouth, 
Heights of Abraham, Saratoga, Stone River. 

Question 5. Name five principal American generals and five British generals 
of the Revolutionary war. 

Quesiion 6. Give the date and circumstance of the Louisiana purchase. 

Question 7. Describe the executive branch of tlie United States Government, 
and name the several departments belonging to it. 

Question 8. Describe the ''enate of t e United States, giving its numbers and 
the functions peculiar to it, not belonging to the House of Representatives. 

Supplementary Departmental Examination.— LAW CLERKS.— Series 

No. 1. 

[Subject: Government.) 

Question 1. What is a republican form of government? 

Question 2. When did the present Constitution of the United otates go into 
effect? 

Question 3. Into what co-ordinate branches is the Government of the United 
States divided, and what are the principal functions of each ? 

Question 4. In what ways may the Constitution of the United States be 
amended ? 

Question 5. How may a bill vetoed by the President become a law ? 

Question 6. To what classes of cases does the judicial power of the Supreme 
Court of the United States extend ? 

Question 7. What are some of the powers given by the Constitution to 
Congress? 

{Subject : Law ) 

Question 1. What is jneant by (1) common law ; (2) statute law ; (3) munic- 
ipal I ordinance? 

Question 2. Define dower at common law, and state the distinction between 
dower and jointure. 

Question 3. What is title in fee-simple? 

Question 4. What are the distinctions between .* corporation and a partner- 
ship ? 

Question 5. What is a common carrier ? 

Question 6. State the difference between quo warranto and mandamus. 

Question 7. What is m ant by res adjudicata and stare decisis? 



33 

Question 8. What are the leading rules for tlie interprttation of statutes ? 
Question 9. What is a contract? 

Question 10. State the general rule as to the responsibility of a principal for 
the acts of his agents. 

State Department Special Examinations. 

These examinations are made up of two parts, (1) OUigatory Subjects, and C2) 
Optional Subjects. All applicants are required to take the former, and must 
gain a general average in the same of 65 on the scale of 100 in order to be elig- 
ible for appointment. It is desired that each applicant shall pass also in one 
or mor6 of the optional su'^jects. 

The Obligatory Subjec's for this examination are as follows : 

(1) Penmanship, copying, and orthography. 

(2) Arithmetic. 

(3) English language and letter writing. 

(4) General geography and history. 

(5) Diplomatic history, embracing the history of prominent treaties, and the 
wars or disturbances settled by them. 

(6) Government and i ternational law, including, especially, the classes, 
duties, and functions of diplomatic and consular officers. 

The Optional Subjects are the French, German, Spanish, Italian, and other 
modern European languages, and the examination in these languages includes 
translations from each into English and from English '^to each. Tiie applicant 
may take one or more of these at his own choice. 

The places in the State Department to be filled thro-^gh these examinations 
are not numerous, and the vacancies being few, the examinations will be held 
with such frequency only as may be necessary to keep the register supplied 
with a reasonable number of names of persons eligible for appointment. 

The salaries attached to the clerkships in the State Department are $900, 
$1,000, $1,200, $1,400, $1,600, and $1,800. Appointments are commonly made 
to one of the two lower grades, and the hightr grades are usually filled by 
promotions. 

Special Civil Service Examinations for Signal Office. 

This examination will include questions in the following subjects, viz: 
1. French and German languages; 2. Mathematics, including Trigonometry, 
Analytics, Calculus, and Theory of Errors; 3. Mechanics; 4. Theory of Instru- 
ments, Astronomical, Physical and Magnetic; 5. Physics; 6. Meteorology, 
Tables and Calculations; 7. Personal experience and ability in investigation, 
and the applicant's scientific publications, if any. 

Special Examinations for the Patent Office. 

The positions for which special examinations are held arc the following: 

(1) Assistant examiners. 

(2) Assistants in the Scientific Library. 

(3) Examiners' clerk?. 

There are lour grades of assistant examiners, namely: First, second, third, 
and fourth. Admission will be to the lowest grade, which is that of fourth 
assistant, the salary of which is $1,200 a year. 

The examinations for appointment as assistant examiner will include— 

(1) Mathematics. — Arithmetic, elementary algebra, the elements of plane and 
volumetric geometry, and mensuration of surfaces and solids. 

(2) Physics. — Natural philosophy and its problems, and elementary chemistry. 

(3) Technics. — Mechanics, theoretical and applied; the useful arts, industries, 
and manufactures; the elements of machinery; the rudiments of engineering 
and architectural construction. 

(4) Mechanical Drawings.— Te%U of the ability of ihe candidate readily to 
read a mechanical drawing and to give an appropriate desciiption of the 
machine illustrated. 



34 

The above subjects are essential. Optional subjects, including general chem- 
istry, will be presented as the necessities of the office may require. A sufficient 
knowledge of German and French to translate from these languages. into Eng 
lish at sight is important. The candidate will be required to state the extent of 
his knowledge of either, and may take an examination in either as an optional 
subject. 

Excellence in optional subjects will entitle the candidate who is successful in 
the obligatory examination to a place upon a spscial register, and to preference 
in case of a vacancy in any division requiring such special knowledge. 

Special Examination of Candidates for Pension Office. 

The service in the Pension Office for which special examinations may be hel<i 
includes — 

(1) Examiners, whose duties are to instruct claimants as to the evidence neces- 
sary to establish claims, to brief and prepare cases for final consideration, and 
to make special examinations in the field when detailed for that purpose. 

^_2) Medical Revieicers, who are required to be physicians of skill and expe 
rience, whose duty it is to determine medical questions, including the degree of 
the disability of ciaiaiants, as the basis of the rate of pension. 

There are four grades of examiners; but appointments for service in the office 
at Washington are usually made to the lowest grade, salary $1,200, and the ex- 
aminations of applicants for examiners will include — 

(1) OrtJwgrapliy, penmanship and letter writing. 

(2) Antlimetic, to include fractions, interest, and discount. 

(3) Geography and History of the United States and its wars. 

(4) The principal prodsions of the pension laws. 

(5) Elementary rules of eddence; competency of witnesses; specimen affidavits, 

(6) Optional. — Elementary anatomy and hygiene; disabilities— permanent, 
variable, climatic, and the common pathological sequences. 

The examination of applicants for appoinUnent as medical reviewers will in- 
clude the first four branches mentioned under head of examiners, with an exami- 
nation in medicine and surgery, inclueling medical jurispradenceand hygiene^ 
Salary, $1,800 

The examination of applicants for appointment as principal examiners will 
include, in addition to elementary su^^jects — 

1st. The pension laws and their interpretation, the law of marriage, divorce, 
and evidence, as affecting pensions, and 

2nd. Anatomy, physiology, and medical jurisprudence. Salary, $2,000. 

Special Examination for Assistant Topographers, United States Geo- 
logical Survey. 

This examination will relate to the following subjects: Algebra; geometry; 
plane and spherical trigonometry; topographical drawing; theory, use, and ad- 
justment of surveying instruments; hypsometry. 

Type-Writing and Stenography. 

The examinations in type- writing and stenography are supplementary to the 
regular examinations for the Departmental service, one of which, either the 
general or limited (and applicants are requested to distinctly state which), un 
less previously taken, must b j taken in connection therewith.^ 

The examination in stenography will consist of exercises in dictation taken 
in short hand, to be written out in long hand; and that in type writing will em- 
brace exercises in dictation, copying, tabulating, transcribing rough craft, and 
questions concerning the use and adjustment of the type writer or caligraph. 
Applicants should bring their own machine, as the Commission cannot promise 
to furnish them. 

EXAMINATIONS IN LANGUAGES. 

These examinations are supplementary (to either the general or limited exam 
inations) and consist of translations from English into the foreign language 
and from the latter into English. See Regulations 49-52, and Rule 7, clause 5.* 

* See Appendix (A.) 



PENSIONS. 

The Government of the United States far exceeds in liberality 
that of all other countries^ not only in the regular pay and boun- 
ties appropriated for its soldiers, but especially in providing for 
the necessities of those disabled by wounds and disease in the 
military service. Such has been the policy and practice of the 
Government from the earliest period of its history, though the 
office of Commissioner of Pensions was not created until March 
2j 1832. The Mexican war largely increased the force necessary 
to transact the business in this Bureau, and the late Civil War 
and the numerous acts providing for the different classes of pen- 
sions, back pay, bounties, etc., swelled the business ot this office 
to enormous proportions. The official report for 1886 shows the 
number of pensioners at that time, of all classes, to have been 
865,783, to whom was paid the vast sum of nearly sixty-four 
million dollars. 

There is not unfrequently a delay In receiving a pension cer- 
tilicate, and on this account applicants sometimes become indig- 
nant at what they falsely conceive to be the inefficiency or 
injustice of the Bureau. It is true that the examiners may occa- 
sionally make erroneous decisions, but these may be corrected 
by the Board of Appeals if carried up. Then the stress of busi- 
ness 'may operate so as to cause some postponement, but the 
prime cause of delay rests, for the most part, with the claimant 
himself. He may have made application under the wrong act, 
his forms may not have been correct, or, if correct, there may 
have been some error in filling m, or some lack of formality in 
the authentication, or, perhaps, neglect to obtain the kind of 
evidence required in the particular case. 

The pension laws are numerous and complex. A digest of 
constructions of these laws and of the decisions, rulings, and 
ordeis under them, has been published by the Bureau in a vol- 
ume of over 600 pages, and new rulings are being made every 
day. It is not practicable, therefore, in a work of this charac- 
ter, to do more than give the essential parts ot the pension laws, 
stating who are entitled to be placed on the rolls, the amount to 
which each class is entitled, and the forms of application. 

The applicant for pension must exercise patience, remembering 
the old proverb that "^ all things come to him who knows how to 
wait," and must continue his exertions, resting in the assurance 
that if his claim is just and properly made out, he will be sure to 
succeed in the end. 

It will be most convenient to consider the subject of Pensions 
under two general heads : 



36 '■ 

First. — The Laws of Congress. 

S'cond. — The Regulations of the Department: 

First. — With regard to the laws, onl}- those sec1?ions have been 
republished here, which are of practical interest to claimants. 
Some sections have been given in ful], or substantially, in the 
'^ Regulations," some relate to the investment and custody of the 
fund, some contain directions for the office work of the Bureau, 
while others provide against fraud. These, and others of like 
character, have been omitted, as it is not the aim of this work to 
treat exhaustively of the Pension laws, but only to give the gen- 
eral information which is needed by those seeking to be placed 
on the Pension rolls. It is believed that nothing of this char- 
acter has been omitted, and, after careful revision, we think we 
can safely say, that all the matter herein contained may be re- 
lied upon as entirely accurate. "With regard to the amendm.ents 
to the pension law3 from time, the most important of these have 
been reproduced, and follow at the end of the numbered sec- 
tions. 

Second.— The Regulations of the Bureau have been presented 
in full without the least change or abridgement. 



REVISED STATUTES NOW IN FORCE. 



Sec. 4692. Every person specified in the several classes enumerated in the 
following section, who has been, since the fourth c^ay of March, eighteen hun- 
dred and sixty-one, or who is hereafter disabled under the condition^ therein 
stated, shall, upon making due proof of the fact, according to such forms and 
regulations as are or may be provided in pursuance of law, be placed on the 
list of invalid pensioners of the Unitad States, and be entitled to receive, for a 
total disability, or a permanent specific disability, such pension as is hereinafter 
provided in such cases; and for an inferior disability, except in cases of per- 
macent specific disability, for which the rate of pension is expressly provided, 
an amount proportionate to that provided for total disability; and such pension 
shall commence as hereinafter provided, and continue during the existence of 
the disability. 

Sec. 4693. The persons entitled as beneficiaries under the preceding section- 
are as follows: 

First. Any officer of the Army, including regulars, volunteers, and militia, 
or any officer in the Navy or Marine Corps, or acy enlisted man, however 
employed, in the military or naval service of the United States, or in its Marine 
Corps, whether regularly mustered or not, disabled by reason of any wound or 
injury received, or disease contracted, while in the service of the United States 
and in the line of duty. 

Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or 
other person not regularly mustered, serving upon any gunboat or war-vessel 
of the United States, disabled by any wound or injury received, or otherwise 
incapacitated, while in the line of duty, for procuring his subsistence by manual 
labor. 

Third. Any person not an enlisted soldier in the Army, serving for the time 
being as a member of the militia of any State, under orders of an officer of the 
United States, or who volunteered for the time being to serve with any regu- 
larly organized military or naval force of the United States, or who otherwise 
volunteered and rendered service in any engagement with rebels or Indians, 
disabled in consequence of wounds or injury received in the line of duty in such 
temporary service. But no claim of a State militiaman, or non-enlisted person, 
on account of disability from wounds or injury received in battle with rebels 
or Indians, while temporarily rendering service, shall be valid unless prosecuted 
to a successful issue prior to the fourth day of July, eighteen hundred and 
seventy-four. 

Fourth. Any acting assistant or contract i^urgeon disabled by any wound or 
injury received or di->ease contracted in the line of duty while actually per- 
forming the duties of assistant surgeon or acting assistant surgeon with any 
military force in the field, or in transitu, or in hospital. 

Fifth. Any provost-marshal, deputy provost-marshal, or enroUing-officer dis- 
abled, by reason of any wound or injury, received in the discharge of his duty, 
to procure a subsistence by manual labor. 

Sec. 4694. No person shall be entitled to a pension by reason of wounds or 
injury received or disease contracted in the service of the United States sub- 
sequent to the twenty-seventh daj' of July, eighteen hundred and sixty-eight, 
unless the person who was wounded, or injured, or contracted the disease was 
in the line of duty; and. if in the military service, was at the time actually in 
the field, or on the march, or at some post, fort, or garrison, or en route, by 
direction of competent authority, to some post, fort, cr garrison; or, if in the 
naval service, was at the time borne on the books of some ship or other vessel 
of the United States, at sea or in harbor, actually in commission, or was at some 
naval station, or on his way, by direction of competent authority, to the United 
States, or to some other vessel, or naval station, or hospital. 



38 

Sec. 4695. The pension for total disabilty shall b3 as follows, namely: For 
lieutenant colonel and all oflScers of higher rank in the military service and in 
the Marine Corps, and for captain and all officers of higher rank, Gommanr'er, 
surgeon, paymaster, and chief engineer, respectively ranking with commander 
by law, lieutenant commanding and master commanding-, in the naval Sf rvioe, 
thirty dollars psr month; for major in the military service and in the Marine 
Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively 
ranking with lieutenant bylaw, and passed assistant surgeon in the naval service, 
twenty-five dollars per month; for captain in the military service and in the 
Marine Corps, chaplain in the Army, and provost-marshal, professor of mathe- 
matics, master, assistant surgeon, assistant paymaster, and chaplain in the 
iiaval service, twenty dollars per month; for first lieutenant in the military ser- 
vice and in the Marine Corps, acting assistant or contract surgeon, and deputy 
provost-marshal, seventeen dollars per month; for second lieutenant in the 
military service and in the Marine Corps, first assistant engineer, ensign, and 
pilot in the naval service, and enrolling-offlcer, fifteen dollars per month ; for 
cadet-midshipman, passed midshipman, midshipmen, clerks of admirals, and 
paymasters, and of other officers commanding vessels, second and third assist- 
ant engineer, master's mate, and all warrant-officers in the naval service, ten 
dollars per month; and for all other persons, whose rank or office is not men- 
tioned in this section, eight dollars per month; and the masters, pilots, engineers, 
sailors, and crews upon the gunboats and war- vessels shall be entitled to re- 
ceive the pension allowed herein to those of like lank in the naval service. 

Sec 4696. Every commissioned officer of the Army, Navy, or Marine Corps 
shall receive such and only such pension as is provided in the preceding section 
for the rank he held at the time he received the injury or contracted the disease 
which resulted in the disability on account of which he may be entitled to a 
pension, and any commission or presidential appointment, regularly issued to 
such person, shall be taken to determine his rank from and after the date, as 
given in the body of the commission or appointment conferring said rank: 
Provided, That a vacancy existed in the rank thereby conferred; that the person 
commissioned was not disabled for military duty; and that he did not willfully 
neglect or refuse to be mustered. 

Sec. 4697. For the period commencing July fourth, eighteen hundred and 
sixty-four, and ending June third, eighteen hundred and seventy-two, those 
persons entitled to a less pension than hereinafter mentioned, who shall have 
lost both feet in the military or naval service and in the line of duty, shall be 
entitled to a ptnsion of twenty dollars per month; for the same period those 
persons who, ur.dcr like circumstances, shall have lost both hands or the sight 
of both eyes, shall be entitled to a pension of twenty five dollars per month; 
and for the period commencing Maich third, eighteen hundred and sixty-five, 
and ending June third, eighteen hundred and severity-two. those p^rsoui who 
under like circumstances shall have los*^ one hand and one foot shall be entitled 
to a pension of twenty dollars per month; and for the period commencing June 
sixth, eighteen hundred and six^y-six, and ending June third, eighteen hundred 
and seventy-two, those persons who under like circumstances shall have lost 
one hand or one foot shall be entitled to a pension of fifteen dollars per month ; 
and for the p?riod commencing June sixth, eighteen hundred and six y six, and 
ending June third, eighteen hundred and seventy two, those persons entitled to 
a less pension than hereinafter mentioned, who by reason of injury received or 
disease contracted in the military or naval service of the United States and in 
the line of duty shall have been permanently and totally disabled in both hands 
[or who shall have lost the sight of one eye, the other having been previously 
lost,] or who shall have been otherwise so totally and permanently disabled as 
to render them uteriy helpless, or so nearly as to require regular personal aid 
and attendance of another person, shall be entitled to a pension of twenty-five 
dollars per month; and for the same period those who under like circumstances 
shall have been totally and permanently disabled in both feet or in one hand and 
one foot, or otherwise so disabled as to be incapacitated for the performance of 
any manual labor, bTit not so much a'i to require regular personal aid and atten- 
tion, shall be entitled to apensionof twenty dollars per month ; and for the same 
period all persons who under like circumstances shall have been totally and per- 
manently dii^abled in one hand or one feet, or otherwise so dis bled as to render 



<39 

their inability to perform manual labor equivalent to the loss of a hand or foot, 
shall be entitled to a pension of fifteen dollars per month. 

Sec. 4698.""* From and after June fourth, eighteen hundred and seventy-two> 
all persons entitled by law to a less pension than hereinafter specified, who» 
while in the military or naval service of the United States and in the line of 
duty, shall have lost the sight of both eyes or shall have lost the sight of one 
eye. the sight of the other having been previously lost, or shall have lost both 
hands, or shall have lost both feet, or been permanently and totally disabled in 
the same, or otherwise so permanently and totally disabled as to render them 
utterly helpless, or so nearly so as to require the regular personal aid and at- 
tendance of another person, shall be entitled lo a pension of thirty-one dollars 
and twenty-five cents per month ; and «11 persons who, under like circumstances 
shall have lost one hand and one foor, or been totally and permanently disabled 
in the same, or otherwise so disabled as to be incapacitated for performing any 
manual labor, but not so much as to require personal aid and attendance, shall 
be entitled to a pension of twenty-four dollars per month ; and all persons who 
under like circumstances shall have lost one hand or one foot, or been totally 
and permanently disabled in the same, or otherwise so disabled asto render their 
incapacity to perform manual labor equival* ni to the loss of a hand or foot, 
shall be entitled to a pension of eighteen do'lars par month: Provided, That all 
person:, who, under like circumstances, have lost a leg above the knee, and In 
conseqnence thereof are so disabled that they cannot use artificial limbs, shall 
be rated in the second class and receive twenty-four dollars per month from and 
after June fourtb, eighteen hundred and seve (ty two; and all persons who, un- 
der like circumstances, shall have lust the hearing of both ears shall be entitled 
to a pension of thirteen dollars per month from the same date: Provided, That 
the pension for a disability not permanent, equivalent in degree to any provided 
for in this section, shall, during the continuance of the disability in such degree, 
be at the same rate as that herein provided for a permanent disability of^like 
degree. 

Sec. [4698I-. ] Except in cases of permanent specific disabilities, no increase 
of pension shall be allowed to commence prior to the date of the examining 
surgeon's certificate establishing the same, made under the pending claim for 
Increase, and in this, as well as all other cases, the certificate of an examining 
surgeon, or of a board of examining surgeons, shall be subject to the approval 
of the Commissioner of Pensions. 

Sec 4699. The rate of eighteen dollars per month may be proportionately 
divided for any degree of disability established for which section forty-six 
hundred and ninety five makes no provision. 

Sec. 4700. Officers absent on sick-leave, and enlisted men absent on sick- 
furlough, or on veteran-furlough with the organization to which they belong, 
shall be regarded in the administration of the pension laws in the -same man- 
ner as if they were in the field or hospital. 

Sec. 4701. The period of service of all persons entitled to the benefits of the 
pension laws, or on account of whose death any person may become entitled to 
a pension, shall be construed to extend t > the time of the disbanding the or- 
ganization to which such persons belonged, or until their actual discharge for 
other cause than the expiration of the service ol such organization. 

Sec. 4702.f If any person embraced withia the provisions of sections forty- 
six hundred and ninety- two and forty six hundred and ninety-three has died 
since the fourth day of March, eighteen huadred and sixty-one, or hereafter 
dies by reason of any wound, injury, or disease, which, under the con- 
ditions and limitations of such sections, would have entitled him to an in- 
valid pension had he been disabled, his widow, or if there be no widow, 
or in case of her death, without payment to her of any part of the pension 
hereinafter mentioned, his child or children, under sixteen years of age, shall 
be entitled to leceive the same pension as the husband or father would have 
laeen entitled to, had he been totally disabled, to commence from the death of 
the hus'cand or father, to continue to the widow during her widowhood, and 
to his child or children until they severally attain the age of sixteen, and no 

* Amended by acts of June 18, 1874 (2) ; February 2S, ISTT : June 17, 1878; March 3, 1879; 
-June 16, 1880; March 3, 1883, and March 3, 1885. 
t See "Amendments to Pension Laws (a.)" 



40 

longer; and, if the widow re-marry, tlie child or children shall be entitled from* 
the date of re- marriage. 

Sec, 4703. The pensions of widows shall be increased from and after the 
twenty-fifth day of July, eighteen hundred and sixty-six, at the rate of two 
dollars per month for each child under the age of sixteen years of the husband 
on account of whose death the claim has been, or shall be, granted. And in 
every case in which the deceased husband has left, or shall leave, no widow, 
or where his widow has died or married again, or where she has been deprived 
of her pension under the provisions of the pension law, the pension granted to 
such child or children shall be increased to the same amount per monih that 
would be allowed under the foregoing provisions to the widow, if living and 
entitled to a pension : Promled, That the additional pension herein granted to 
the widow on account of the child or children of the husband by a former 
wife shall be paid to her only for such period of her widowhood as she has 
been, or shall be, charged with the maintenance of such child or children ; for 
any period during which she has not been, or she shall not be, so charged, it 
shall be granted and paid to the guardian -of such child or children : Provided, 
further, That a wido;v or guardian to whom increase of pension has been, or shall 
hereafter be, granted on account of minor children shall not be cieprived thereof 
by reason of their being maintained in whole or in part at the expense of a 
State or the public in any educational institution, or in any institution organ 
ized for the care of soldiers' orphans. 

Sec. 4704. In the administration of the pension laws, children born before 
the marriage of their parents, if acknowledged by the father before or after 
the mariiage, shall be deemed legitimate. 

Sec. 4705. The widows of colored and Indian soldiers and sailors who have 
died, or shall hereafter die, by reason of wounds or Id juries received, or casaalty 
received, or disease contracted, in the military or naval service of the United 
States, and in the line of duty, shall be entitled to receive the pension provided 
by law without other evidence of marriage than satisfactory proof that the 
parties were joined in marriage by some ceremony deemed by them obligatory, 
or habitually recognized each other as man and wife, and were so recognized 
by their neighbors, and lived together as such up to the date of enlistment, 
when such soldier or sailor died in the service, or, if otherwise, to date of death; 
and the children born of any marriage so proved shall be deemed and held to 
be lawful children of such soldier or sailor, but this section shall not be ap- 
plicable to any claims on account of persons who enlist after the third day of 
March, one thousand eight hundred and seventy-three. 

Sec. 4706. If any person has died, or shall hereafter die, leaving a widow 
entitled to a pension by reason of his death, and a child or children under six- 
teen years of age by such widow, and it shall be duly certified under seal, by 
any court having probate jurisdiction; that satisfactory evidence has been 
produced before such court, upon due notice to the widow, that she has 
abandoned the c^re of such child or children, or that she is an unsuitable per- 
son, by reason of immoral conduct, to have the custody of the same, on pre- 
sentation of satisfactory evidence thereof to the Commissioner of Pensions, no 
pension shall be allowed to such widow until such child or children shall have 
attained the age of sixteen years, any provisions of the law to the contrary not- 
withstanding, and the said child or children shall be pensioned in the same 
manner, and from the same date, as if no widow had survived such person, 
and such pension shall be paid lo the euardian of such child or children ; but 
if in any case payment of pension shall have been made to the wido . , the pen- 
sion to the child or children shall commence from the date to which her pen- 
sion has been paid. 

Sec. 4707. If any person embraced within the provisions of sections forty- 
six hundred and ninety-two and forty-six hundred and ninety three has died 
since the fourth day of March, eighteen hundred and sixty-one, or shall here- 
after die, by reason of any wound, injury, casualty, or disease which, under 
the conditions and limitations of such sections, would have entitled him to an 
invalid pension, and has not left or shall not leave a widow or legitimate child, 
but has left or shall leave other relative or relatives who were dependent upon 
him for support in whole or in part at the date of his death, such relative or 
relatives shaU be entitled, in the following order of precederce, to receive the 
same pension as such person would have been entitled to had he been totally 



41 

disablid, to commence from the death of such person, namely: First, the 
mother ; secondly, the father ; thirdly, orphan brothers and sisters under six- 
teen years of age, who shall be pensioned jointly : Provided^ That where orphan 
children of the same parent have different guardians, or a portion of them only 
are under guardianship, the share of the joint pension to which each ward 
shall be entitled shall be paid to the guardian of such ward : Promded, That if 
in case said person shall have left father and mother who are dependent upon 
him, then, on the death of the mother, the father shall become entitled to the 
pension, commencing from and after the death of the mother ; and upon the 
death of the mother and father, or upon the death of the father and the remar- 
riage of the mother, the dependent brothers and sisters under sixteen years of 
age shall joinily become entitled to such pension until they attain the age of 
sixteen years, respectively, commencing from the death or remarriage of the 
party who had the prior right to the pension : Provided, That a mother shall be 
assumed to have been dependent upon her son within the meaning of this sec- 
tion if , at the date of his death, she had no other adequate means of support 
than the ordinary proceeds of her own manual labor and the contributions of 
said son or of any other persons not legally bound to aid in her support ; and 
if, by actual contributions, or in any other way, the son had recognized his ob- 
ligations to aid in support of his mother, or was by law bound to such support, 
and that a father or a minor brother or sister shall, in like manner and under 
like coEditions, be assumed to have been dependent, except that the income 
which was derived or derivable from his actual or possible manual labor shall 
be taken into account in estimating a father's means of independent support : 
Provided, further^ That the pension allowed to any person on account of his or 
her dependence, as hereinbefore provided, shall not be paid for any period 
during which it shall not le necessary as a means of adequate subsistence. 
^ Sec. 4708. Tne remarriage of any widow, dependent mother, or dependent 
sister, entitled to pension, shall not bar her right to such pension to the date of 
her remarriage, whether an application therefor was filed before or after such 
marriage; but on the remarriage of any widow, dependent mother, or dependent 
sister, having a pension, such pension shall cease. 

Sec. 4709. Repealed hy acts of January 25 and March 3, 1879. "Amendments 
to Pension Laws tj))." 

Sec. 4710. Repealed hy ads of January 25 and March 3, 1879. "Amendments 
to Pension Laws (6)." 

Sec. 4711. It shall be the duty of the Commissioner of Pensions, upon any 
application by letter or otherwise by or on behalf of any pensioner entitled to 
arrears of pension under section forty-seven hundred and nine, or if any such 
pensioner has died, upon a similar application by or on behalf of any person 
entitled to receive the accrued pension due such pensioner at his death, to pay 
or cause to be paid to such pensioner, or other person, all such arrears of pen- 
sion as the pensioner may be entitled to, or, if dead, would have been entitled 
to under the provisions of that section had he survived; and no claim agent or 
other person shall be entitled to receive any compensation for services in 
making application for arrears of pension. 

Sec. 4712.* The provisions of this Title in respect to the rates of pension to 
persons whose right accrued since the fourth day of March, eighteen hundred 
and sixty-one, are extended to pensioners whose right to pension accrued under 
general acts passed since the war of the Revolution and prior to the fourth day 
of March, eighteen hundred and sixty-one, to take effect from and after the 
twenty-fifth day of July, eighteen hundred and sixty-six; and the widows of 
revolutionary soldiers and sailors receiving a less sum shall be paid at the rate 
of eight dollars per month from and after the twenty-seventh day of July, 
eighteen hundred and sixty-eight. 

Sec 4718. In all cases in which the cause of disability or death originated 
in the service prior to the fourth day of March, eighteen hundred and sixty-one, 
and an application for pension shall not have been filed within three years from 
the discharge or death of the person on whose account the claim is made, or 
within three years of the termination of a pension previously granted on ac- 
count of the service and death of the same person, the pension shall commence 

♦See "Amendmeists to Pension Laws (c)" 



42 

from the date <>f filiaT, by the /.-arty prosecuiijg the claim, the la t paper re- 
quisite to esiablish the same. But no claim allowed prior to the sixth day of 
JiiEC eighteen hundred and sixty-six, shall be affected by anything herein con- 
l^n.d. 

Sec. 4714. Declarations of pension claimants shall be made before a court of 
record, rr before some officer thereof having custo:^y of its seals, said officer 
hereby being fully authorized and empowered to administer and certify any 
oath or affirmation relating to any pension or application therefor: Provided, 
That the Commissioner of Pensions may designate, in localities more than 
twenty-five miles distant from any place at which such court is holden, prrsons 
•duly qualified to administer oaths, before whom declarations may be made and 
testimony taken, and may accept declarations of claimants residing in foreign 
countries made before a tJnited States minister or consul, or before some officer 
of the country duly authorized to administer oaths for general purposes, and 
whose official character and signature shall be duly authenticated by the 
certificate of a United States minister or consul; declarations in claims of 
Indians made before a United States agent; and declarations in claims under 
the provisions of this Tiile relating to pensions for services in the war of 
eighteen hundred and twelve, made before an officer duly authorized to ad- 
minister oaths for general purposes, when the applicants, by reason of infirm- 
ity pi age, are unable to travel: Provided, That any declaration made before an 
officer daly authorized to administer oaths for general purposes shall be accepted 
to exempt a claim from the limitation as to date of filing prescribed in section 
forty-seven hundred and nine. 

Sec. 4718. If any pensioner has died or shall hereafter die, or if any person enti- 
tled to a pension, having an application therefor pending, has died or shall here- 
after die, his widow, or if there is no widow, the child or children of such 
person under the age of sixteen years shall be entitled to receive the accrued 
pension to the date of the death of such person. Such accrued pension shall 
not be considered as a part of the assets of the estate of deceased, nor liable 
to be applied to the payment of the debts of said estate in any case whatever, 
but shall inure to the sole and exclusive benefit of the widow or children; and 
if no widow or child survive, no payment whatsoever of the accrued pension 
shall be made or allowed, except so much as may be necessary to reimburse the 
person who bore the expenses of the last sickness and burial of the decedent, 
in cases where he did not leave sufficient assets to meet such expenses. . 

Sec. 4719. The failure of any pensioner to claim his pension for three years 
after the same shall have become due shall be deemed presumptive evidence 
that such pension has legally terminated by reason of the pensioner's death, 
remarriage, recovery from the disability, or otherwise, and the pensioner's name 
shall be stricken from the list of pensioners, subject to the right of restoration 
to the same on a new application by the pensioner, or, if the pensioner is dead, 
by the widow or minor children entitled to receive the accrued pension, accom- 
panied by evidence satisfactorily accounting for the failure t3 claim such pen- 
sion, and by medical evidence in cases of invalids who were not exempt from 
biennial examinations as to the continuance of the disability. 

Sec. 4720.* When the rate, commencement, and duration of a pension allowed 
by special act are fixed by such ac^ they shall not be subject to be varied by 
the provisions and limitations of the general pension law ; but when not thus 
fixed, the rate and continuance of the pension shall be subject to variation in ac- 
cordance with the general laws, and its commencement shall date from the pas- 
sage of the special act, and the Commissioner of Pensions shall, upon satisfac- 
tory evidence that fraud was perpetrated in obtaining such special act, suspend 
payment thereupon until the propriety of repealing the same can be considered 
by Congress. 

Sec. 4731. The term of limitation prescribed by sections forty-seven hundred 
and nice and forty seven hundred and seventeen shall, in pending claims of 
Indians, be extended to iwo years from, and after the third day of M arch, eight 
^en hundred and seventy-three ; all proof which has heretofore been taken 
before an Indian agent, or before an officer of any tribe, competent according 
to the rules of said tribe to administer oaths, shall be held and regarded by the 
Pension Office, in the examining and determining of claims of Indians now on 

* See «♦ Amendments to Pension Laws, (cZ.)" 



43 

■file, as of the same validity as if taken before an officer recognized by the law 
at the time as competent to administer oath- ; all proof wanting in said claims 
hereafter, as well as in those filed after the third day of March, eighteen hun- 
dred and sevenly-three, shall be taken before the agent of the tribe to which 
the claimants respectively be'ong ; in regard to dates, all applications of Indians 
now on file shall be treated as though they were made before a competent offi- 
cer at their respective dates, and if found to be in oi^her respects conclusive, 
they shall be allowed ; and Indians shall h^ exempted from the obligation to 
take the oath to support the Constitution of the United States. 

Sec 4723. The provisions of this Title are extended to the officers and pri- 
vates of the Missouri State militia, and the provisional Missouri militia, disa- 
bled by reason of injurj received or disease contracted in the line of duty while 
such militia was co-operating with United States forces, and the widow or 
children of any such person, dying of inju'y received or disease contracted 
under the circuoD stances herein set forth shall be entitled to the benefits of 
this Title. But the pensions on account of such militia shall not commence 
prior to the third day of March, one thousand eight hundred and seventy three 
Sec. 4723. All colored persons who enlisted in the Army during the war of 
the rebe lion, and who are now prohibited from receiving bounty and pension 
on account of being borne on the rolls of their regiment's as "slaves," shall be 
placed on the same footing, as to bounty and pensions, as though they had not 
been slaves at the date of their enlistment 

Sec. 4724. iNo person in the Army, Navy, or Marine Corps shall draw both a 
pension as an invalid and the pay of his rank or station in the service, unless 
the disabil-ty for which the pension was granted be such as to occasion his em- 
ployment in a lower grade, or in the civil branch of the service. 

Sec. 4725. All these surviving widows and minor children who have been 
allowed five years' half-pay, under the provisions of any general laws passed 
prior to the third day of June, eighteen hundred and fifty-eight, are £ ranted a 
continuance of such half -pay, to commence from the date of the lasf payment 
under the respec'ive acts of Congress, granting the same, and the terms and 
limitations provi ^ed in the following section. 

Sec. 4726. Such half -pay is granted to such widows during life, and, where 
there is no widow, to the children, while under the age of sixteen years; but in 
case of the remarriage or death of any such widow, the half -pay snail go to 
the children of the d.ecedent on account of whose services it is claimed, while 
such children are under sixteen years of age, and no longer. 

Sec 4727. The half piy of such widows and children shall be half the 
monthly pay of the officers, non commissioned officers, musicians, and privates 
of the infan'ry of the Regular Army, an'^ no more, and no greater sum phall be 
allowed to any such widow or minor children than the half-pay of a lieutenant- 
colonel. But the two prece ling sections shall not be construed to apply to or 
embrace the case of any person receiving a pension for life on the third day of 
June, eighteen hundred and fifty-eight; and, wherever half-pay has been 
granted by any special act of Congress, and renewed or coutinued under the 
provisions of tliose sections, the same shall continue from the date above named: 
Provided, Tha', pensions under this and the two p.-eceding sections shall be 
varied in accordance with the provisioLS of section four thousand seven hun- 
dred and twelve of this Title. 

Sec 4728. If any officer, warrant or petty officer, seaman, engineer, first, 
second, or third assistant engineer, fireman, or coal-heaver of the Navy or any 
marine has been disabled prior to the fourth day of March, eighteen hundred 
and sixty-one, by reason of any injury received or disease contracted in the 
service and line of duty, he shall be entitled to receive during the continuance 
of his disability a pension iDroportionate to the degree of his disability, not ex- 
ceeding half the monthly pay of his rank as it existed in January, eighteen 
hundred and thirty five. B'U the pension of a chief engineer shall be the same 
as that of a lieutentant of the Navy ; the pension of a first assistant engineer 
the same as that of a lieutenant of marines ; the pension of a second or third 
assistant engineer the same as that of a forward officer ; the pension of a fire- 
man or coal-heaver the same as that of a seaman ; but an engineer, fireman, 
or coal-heaver shall not be entitled to any pension by reason of a disability 
incurred prior to the thirty-first day of August, eight-^en hundred and forty- 
two. 



44 

Sec. 4729. If any person Tefened to in the preceding section has died in the 
service, of injury/ 'received or disease contracted under the conditions therein 
stated, his widow shall be entitled to receive half the monthly pay to which the 
deceased was entitled at the date of his death ; and in case of her death or mar- 
riage, the child or children under sixteen years of age shall be entitled to the 
pension. But the rate of pension herein allowed shall be governed by the pay 
of the Navy as it existed in January, eighteen hundred and thirty-five ; and 
the pension of the widow of a chief engineer shall be the same as that of a 
widow of a lieutenant in the Navy ; the pension of the widow of a first assist- 
ant engineer shall be the same as that of the widow of a lieutenant of marines ; 
the pension of the widow of a second or third assistant engineer the same as 
that of the widow of a forward officer ; the pension of the widow of a fireman 
or coal-heaver shall be the same as that of the widow of a seaman. But the 
rate of pension prescribed by this and the preceding section shall be varied 
from and after the twenty-fifth day of July, eighteen hundred and sixty-si , in 
accordance with the provisions of section four thousand seven hundred and 
twelve of this Title ; and the widow of an engineer, fireman, or coal-heaver 
shall not be entitled to any pension by reason of the death of her husband, if 
his death was prior to the thirty-first day of August, eighteen hundred and 
forty-two. 

Sec. 4730. Any officer, non-commissioned officer, musician, or private, whether 
of the Regalar Army or volunteer, disabled by reason of injury received or 
disease contracted while in the line of duty ia actual service in the war with 
Mexico, or in going to or returning from the same, who received an honorable 
discharge, shall be entitled to a pension proportionate to his disability, not ex- 
ceeding for total disability half the pay of his rank at the date at which he re- 
ceived the wound or contracted the disease which resulted in such disability. 
But no pension shall exceed half the pay of a lieutenant-colonel. 

Sec. 4731. If a^y officer or other person referred to in the preceding section 
has died, or shall hereafter die, by reaso:i of any injury received or disease con- 
tracted under the circumstances therein set forth, his widow shall be entitled 
to receive the same pension as the husband would have been entitled to had he 
been totally disabled ; and in case of her death or remarriage, the child or 
children of such officer or other person referred to in the preceding section, 
while under the age of sixteen years, shall be entitled to receive the pension. 
But the rate of pension prescribed by this and t be preceding section shall be 
varied after the twenty-fifth day of July, eighteen hundred and sixty-six, in 
accordance with the provisions of section four thousand seven hundred and 
twelve of this Title. 

Sec. 4732. The widows and children under sixteen years of age, of the offi- 
cers, non-commissioned officers, musicians, and privates of the regulars, militia, 
and volunteers of the war of one thousand eight hucdred and twelve, and the 
various Indian wars since one thousand seven hundred and ninety, who re- 
mained at the date of their death in the military service of the United States, 
or who received an honorable discharge and have died or shall hereafter die of 
injury received or disease contracted "^in the service and in the line of duty^ 
shall be entitled to receive half the monthly pay to which the deceased was en- 
titled at the time he received the injury or contracted the disease which resulted 
in his death. But no half pay pension shall exceed the half-pay of a lieutenant- 
colonel, and such half-pay pension shall be varied after the twenty-fifth day of 
July, one thousand, eight hundred and sixty- six, in accordance with the pro- 
visions of section four thousand seven hundred and twelve of this Title. 

Sec. 4733. All pensioners whose names are now on the pension-roll, or who 
are entitled to restoration to the roll under any act of Congress, shall be entitled 
to the continuance of such pensions under the provisions and limitations of 
this Title, and to such further increase of pension as is herein provided. 

Sec. 4734. The provisions of law which allow the withholding of the com- 
pensation of any person who is in arrears shall not be construed to authorize 
the pension of any pensioner of the United States to be withheld. 

Sec. 4735. No pension shall be granted to a widow for ttie same time that her 
husband received one. 

Sec. 4741. The officers and seamen of the revenue cutters of the United States, 
who have been or may be wounded or disabled in the discharge of their duty 
while co-operating with the Navy by order of the President, shall be entitled 



45 

lo be placed on the Navy pension-list, at the same rate of pension and under 
the same Te,f?ulati ms and restrictions as are provided by law for the officers and 
seamen of the Navy. 

Sec 4749.* No soldier or sailor shall be taken or held to be a deserter from 
the Army or Navy who faithfully served according to his enlistment until the 
nineteenth day of April, eighteen hundred and sixty-five, and who, without 
proper authority or leave first obtained, quit his command or refused to serve 
after that date ; but nothing herein contained shall operate as a remission of 
any forfeiture incurred by any such soldier or sailor of his pension ; but this 
section shall be construed solely as a removal of any disability such soldier or 
sailor may have incurred by the loss of his citizenship in consequence of his 
desertion. 

Sec. 4751. All penalties and forfeitures incurred under the provisions of sec- 
tions twenty four hundred and sixty-one, twenty four hundred and sixty-two, 
twenty-four hundred and sixty three, Title "The Public Lands," shall be 
sued for, recovered, distribu'ed, and accounted for under the directions of the 
Secretary of the Navy, and shall be paid over, one half to the informers, if 
any, or captors, where seized, and the other hdf to the Secretary of the Navy 
for the use of the Navy pension fund ; and the Secretary is authorized to miti- 
gate, in ys^hole or in part, on such terms and conditions as he deems proper, by 
an orderin writing, any fine, penalty, or forfeiture so incurred. 

Sec. 4756. There shall be paid out of the naval pension- fund to every person 
who, from age or infirmity, is disabled from sea service, but who has served as 
an enlisted person in the Navy or Marine Corps for the period of twenty years, 
and not been discharged for misconduct, in lieu of being provided with a home 
in the Naval Asylum, Philadelphia, if he so elects, a sum equal to one-half the 
pay of his rating at the time he was discharged, to be paid him quarterly, 
under the directi on of the Commissioner of Pensions ; and application for 
such pension shall be made to the Secretary of the Navy, who, upon being sat- 
isfied that the applicant comes within the provisions of this section, shall cer- 
tify the same to the Commissioner of Pensions, and such certificate shall be his 
warrant for making payment as herein authorize:!. 

Sec. 4757. Every disabled person who has served in the Navy or Marine 
Corps as an enlisted man for a period not less than ten years, and not been dis- 
charged for misconduct, may apply to the Secretary of the Navy for aid from 
the surplus income of the naval pension-fund ; and the Secretary of the Navy 
is authorized to convene a boaid of not less than three naval officers, one of 
whom shall be a surgeon, to examine into the condition of the applicant, and 
to recommend a suitable amount for his relief, and for a specified time, and 
upon the approval of such recommendation by the Secretary of the Navy, and 
a certificate thereof to the Commissioner of Pensions, the amount shall be paid 
in the same manner as is provided in the preceding section for the payment to 
persons disabled by long service in the Navv ; but no allowance so made shall 
exceed the rate of a pension for full disability corresponding to the grade of 
the applicant, nor, if in addition to a pension, exceed one fourth the rate of 
such pension. 

Sec. 4787.f Every ofiScer, soldier, seaman, and marine who was disabled 
during the war for the suppresdon of the rebelli n, in the military or naval 
service, and in the line of duty, or in consequence of wounds received or disease 
contracted therein and who was furnished by the "War Department, since the 
seventeenth day of June, eighteen hundred and seventy, with an artificial limb 
or apparatus for resection, who was entitled to receive such limb or apparatus 
since said date, shall be entitLd to receive a new limb or apparatus at the ex- 
piration of every five years thereafter, under such regulations as have been or 
may be prescribed by the Surgeon-General of the Army. 

Sec. 4788. Every person entitled to the benefits of the preceding section may, 
if he so ekcts, receive, instead of such limb or apparatus, the money value 
thereof, at the followini, rates, namelv: For artificial legs, seventy-five dollars; 
for arms, fifty dollars; for feet, fifty, dollars; for apparatus for resection, fifty 
dollars. 

Sec. 4790. Every person in the irilitary or naval service who lost a limb 
during the war of the rebellion, but from the nature of his injury is not able 

♦ See ''Am<=ndment3 of Pension Laws," (e). 
t See Amendm<jntg to Pension Laws (c). 



46 

to use an artificial Hmb, shall be entitled to the benefits of section forty- seven 
hundred and eighty-eight, and shall receive money-commutation as therein 
provided. 

Sec. 4791. The Secretary of War is authorized ar,d directed to furnish to the 
persons embraced by the provisions of section forty -seven hundred and eighty- 
seven, transportation to and from their homes and the place where they may be 
required to go to obtain artificial limbs provided for them under authority of 
law. 

MISCELLANEOUS SECTIONS. 

Sec 190. It shall not be lawful for any person appointed after the first day 
of Junp, one thousand eight hundred and seventy two, as an officer, clerk or em- 
ployee in any of the Departments, to act as counsel, attorney or agent for prose- 
cuting any claim against the United States which was pending in either of said 
Depaitments while he was such officer, clerk or employee, nor in any manner, 
nor by any means, to aid in the prosecution of any such claim, within two y^ars 
next after he shall have ceased to be such officer, clerk or employee. 

Sfc. 163^. If any person, whether officer or soidier, belonging to the militia 
of any State, and called out into the service of the United States, be wounded 
or disabled while in actual service, he Shall be taken care of and provided for 
at the public expense. 

Sec. 1656.* Whtn any officer, non commissioned officer, artificer, or private 
of the militia or volunteer corps dies in the service of the United States, or in 
returning to his place of residecce after being muittered out of service, or at 
any time in consequence of wounds received in service, and leaves a widow, 
or if no widow, a child or cbilch-en under sixteen years of age, such widow, or 
if no widow, such child or children, shall be entitled to rective half the monthly 
pay to which the deceased was entitled, at the time of his death, during the 
term of five years; and in case of the death or intermarriage of such widow 
before the expiration of five years, the half pay foj. the remainder of the time 
shall go the child or children of the decedent. And the Secretary of the In- 
terior sball adopt such forms of evidence, in applications under this section, as 
the President may prescribe. 

Sec 1657. The volunteers or mili'ia, who have been received into the service 
of the United States, to suppress Indian depredations in Florida, shall be en- 
titled to all the benefits which are conferred on persons wounded or otherwise 
disabled in the service of the United States. 

Sec 5485. f Aty agent or attorney, or any other person instrumental in prose- 
cuting any claim for pension or bounty-land, who shall directly or indirectly 
contract for, demand, or receive or retain any greater compensation for his 
services or instrumentality iu prosecuting d cliam for pension or bounty land 
than is provided in the Title pertaining to pensions, or who shall wrongfuJly 
withbola from a pensioner or claimant the whole or any part of the pension or 
claim all jwed and due such pensioner of claimant, or ihe land-warrant issued 
to any such claimant, shall be deemed guilty of a high misdemeanor, and, upon 
conviction there f shall, for every such offense be fined not exceeding five hun- 
dred dollars, or imprisonment at hard lab )r not exceeding two years, or both^ 
at the . iscreticn ot the court. 

[See §§ 4785, 4786.] 

Sec 5498. Every officer of the United States, or person holding any place of 
trust or profit, or disch'^rging any official functions under, or in connection 
with, any executive department of the government of the United States, or 

*]t is evident from the marginal ret'erenres in the Revised Statutes opposite the pre- 
ceding section, as well as from the language of the uext section (1657), that sectien 1656 
was intended to be a re-o 'actraent o section 5, act of March 19. 1836, in which net, as 
shown in >ts sixth section, it vjats in ended to provide only for those who served in the 
Florida Indian War of 3835-^843, and in which the henetits of i rior laws were ex'ended to 
those who so s rved. Section 165G has always heen regarded as being superfluous, as its 
provisions are fully coverea by section 4732 of the Rev ised Statutes. 

tThis section is re-enacted in the bill making appropriations for the fiscal year ending 
June 30, 1882, as follow?: ''And the provisions of section fifi y-four hundred and eighty- 
five of t e ^ evised Statutes shall be applicable to any person who shall violate the pro- 
visiotis of an act entitled 'An act relating to claim agents f-.nd atforneys in pension cases,* 
approv. d June twentieth, eighteen hundred and seventy-eight." 



47 

under the Senate (r House of Representatives of the United States, who acts as 
an agent or attorney for prosecuting any Ciaim against the United States, or in 
any manner, or by any means, otherwise than in discharge of his proper official 
duties, aids or .assi'-ts in the pro-ecution or support of any such claim, or re- 
ceives any gratuitv, or any share of or interest in any claim from any claimant 
against the United States, with the intent to aid or assist, or in consideration of 
having aided or assisted, in the prosecution of such claim, shall pay a line of 
not more than five thousand dollars or suffer imprisonment not more than one 
year, or both. 



AMENDMENTS TO PENSION LAWS. 



PENSION LAWS NOW IN FORCE. 

AN ACT tD amend sectioD forty-seven hundred and two, title fifty-seven, Revised Stat- 
utes of the United States, and for other purjjoses. 

Be it enacted hy the Senate and House of Reiwesentatims of the United Hates of 
America in Congress assembled, Tliat section forty-seven liundred and two, title 
fifty-seven of the Eevised Statutes of tlie United"^ States, is hereby amended so 
as to read as follows : 

** Sec. 4702. If any person embraced within the provision of sections forty- 
six hundred and ninety-two and forty-six hundred and ninety-three, has died 
since the fourth day of March, eighteen hundred and sixty one, or hereafter 
dies, by reason of any wound, injury, or disease, which under the conditions 
and limitations of such sections would have entitled him to an invalid pension 
had he been disabled, his widow, or if there be no widow, or in the case of 
her death without payment to her of any part of the pension hereinafter men- 
tioned, his child, or children under si^^teen years of age, shall be entitled to re- 
ceive the same pension as the husband or father would have been entitled to 
had he been totally disabled, to commence from the death of the husband or 
father, to continue to the widow during her widowhood, and to his child or 
children until they severally attain the age of sixteen years, end no longer • 
and ii the widow remarry, the child or children shall be entitled from the date 
of re-marriage, except when such widow has continued to draw the pendon 
money after her re marriage, in contravention of law, and such child or chimren 
have resided with and been supported by her, their pension will commenc e at 
the date to which the widow was last paid." 

Sec 2. That marriages, except such as are mentioned in section forty seven 
hundred and five of the Revised Statutes shall be proven in pension cases to be 
legal marriages according to the law of the place where the parties resided at 
the time of marriage or at the time when the right to pension accrued ; and the 
open and notorious adulterous cohabitation of a widow who is a pensioner 
shall operate to terminate her pension from the commencement of such co- 
habitation. 

Approved, August 7, 1882. 



(&) 

AN ACT to provide that all pensior s on account of death, or wounds received, or disease 
contracted in the service of the United States during the late war of the rebellion, 
which have neen granted, or which shall hereaft'»r be granted, shall commence from 
the date of death or discharge from the service of the United btates, for the payment 
Of arrears of pensions, and other purposes. 

Be it enacted hy the Senate and House of Representatives of the United States of 
America in Congress assembled, That all pensions which have been granted un- 
der the general laws regulating pensions, or may hereafter be granted, in con- 
s-^quence of death from a cause which originated in the United States service 
during the continuance of the late war of the rebellion, or in consequence of 
wounds, injuries, or disease received or contracted in said service during said 
war of the rebellion, shall commence from the date of the death or discharge 
from said service of the person on whose account the claim has been or shall 
hereafter be granted, or from the termination of the right of the party having 
prior title to such pension: Provided, The rate of pension for the intervening 
time for which arrears of pension are hereby granted shall be the same per 
month for which the pension w^as originally granted. 



49 

Sec?2. That the Commissioner of Pensions is hereby authorized and directed 
to adopt such rules and regulations for the payment of the arrears of pensions 
hereby granted as will be necessary to cause to be paid to such pensioner, or, if 
the pensioner shall have died, to the person or persons entitled to the same, all 
such arrears of pension as the pensioner may be, or would have been,, entitled 
to under this act. 

Sec. 3 That section forty-seven hundred and seventeen of the Revised Stat- 
utes of the United States, which provides that "no claim for pension not pros- 
ecuted to a successful issue within five years from the date of filing the same 
shall be admitted without record evidence from the War or Navy Department 
of the injury or the disease which resulted in the disability or death of the 
person on whose account the claim is made : Provided, That in any case in j 
which the limitation prescribed by this section bars the further prosecution of \ 
the claim, the claimant may present, through the Pension Office, to the Adju- 
tant-General of the Army or the Surgeon-General of the Kavy, evidence that 
the disease or injury which resulted in the disability or death of the person on 
whose account the claim is made originated in the service and in the line of 
duty ; and if such evidence is deemed satisfactory by the officer to whom it may 
be submitted; he shall cause a record of the fact so proved to be made, and a 
copy of the same to be transmitted to the Commissioner of Pensions, and the 
bar to the prosecution of the claims shall thereby be removed," be, and the 
same is. hereby, repealed. 

Sec. 4. No claim agent or other person shall be entitled to receive any com- 
pensation for services in making application for arrears of pension. 

Sec. 5. That all acts or parts of acts so far as they may conflict with the pro- 
visions of this act be, and the same are hereby, repealed. 

Approved, January 25, 1879. 

The following provisions were enacted as a portion of the act making approprior' 
lions for the payment oftlie arrears of pensions, approved March 3, 1879 : 

# « 4( •» « « « 

That the rate at which the arrears of invalid pensio ns shall be allowed and 
computed in the cases which have been or shall hereafter be allowed, shall be 
graded according to the degree of the pensioner's dis ability fiom time to time, 
and the provisions ot the pension laws in force over the period for which the 
arrears shall be computed. 

That section one of the act of January twenty-fifth, eighteen hundred and 
seventy nine, granting arrears of pensions, shall be construed to extend to and 
include pensions on account of soldiers who wt-re enlisted or drafted for the 
service in the war of the rebellion, but die 1 or incurred disability from a cause 
originaiing afrer the c ssation of hostilities, and before being mustered out : 
Provided, That in no case shall arrears of pensions be allowed and paid from a 
time prior to the date of actual disability. 

Sec. 3. All pensions which have been, or which may hereafter be, granted in 
consequence of death occuring from a cause which originated in the service 
since the fourth day of March, eighteen hundred and sixty one, or in conse- 
quence of WDunds or injuries received, or disease contracted since that date, 
sliall commence from the death or discharge of the person on whose account 
the claim has been or is here^tfter granted, if the di-ability occurred prior to 
discharge ; and if such disability occarre 1 after the discharge, then from the 
date of actual disabili'y, or fram the termination uf the right of party having 
prior titli to such p-nsion : Provided, The application for such pension has 
been or is hereafter filed with the Commissioner of Pensions prior to the first 
day of July, eighteen hundred and eighty, otherwise the pension shall com- 
mence from th i date of filing the app ication ; but the limitation herein pre- 
scribed shall not apply to claims by or in behalf af insane persons and children 
under sixteen years of aiie 

Sec. 3. Section forty-seven hundred and nine of the Revised Statutes is here - 
T^y repealed. 

(c) 
Chap. 166 — AN ACT to restore pensions in certain cases. 
Be it enacted by the Senate and House of Representatives of the United States 
oj America in Congress assembled. That section thre^i of aa act entitled "An act 



50 

Increasing the pensions of widows and orphans, and for other purposes," ap- 
proved July twenty-fifth, eighteen hunc'red and sixty -six, and section thirteen 
of an act entitled "An act relating to pensions," approved July twenty seventh, 
eighteen hundred an 1 sixty-eight, and section forty seven hundred and twelve 
of the Revised Statutes, shall not operate to reduce the rate of any pensiOn 
which had actually been allowed to the commissioned, non-commissioned, or 
petty officers of the Navy or their widows, or minor children, prior to July 
twenty- fifth, eighteen hundred and sixty-six ; and the Secretary of the Interior 
Is hereby directed to restore all such pensions as have already been so reduced 
to the rate originally granted and allowed, to take effect from the date of such 
reduction. 
Approved, June 9, 1880, 



(d) 
AN ACT to equalize pensiocs in csrtain cases. 

Be it enacted hy the Senate and House of Representathes of the United States of 
America in Congress assembled, That all persons entitled to pensions under special 
acts fixing the rate of such pr nsions, and now receiving or entitled to receive a 
less pension than that allowed by the general pension laws under like circum- 
stances, are, in lieu of their present rate of pension, hereby declared to be en- 
titled to the benefits and subject to the limitations of the general pension laws, 
entitled, "An act to revise, consolidate, and amend the laws relating to pen- 
sions," approved March third, eighteen hundred and seventy-three; and that 
this act go into effect from and after its passaoe. Provided, That this act shall 
not be construed to reduce any pension granted by special act. 

Approved, June 6, 1874. 



Sec. 5. That no person who is now receiving or shall hereafter receive a pen- 
sion under a special act shall be enti led to receive in addition thereto a pension 
under the general law, unless the special act expressly states that the pension 
granted thereby is in addition to the pension which said person is entitled to 
receive under the general law. 

Approved, July 35, 1883. 



(e) 
AN ACT to relieve certain soldiers of the late war from the charge of desertion. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the charge of desertion now standing on 
the rolls and records in the Office of the Adjatant-General of the United Slates 
agaiost any soldier who served in the lute war in the volunte-. r service shall be 
removed in all cases where it shall be made to appear to the satisfaction of the 
Secretary of War, from such rolls and records or from other satisfactory tCfti- 
mony, that any such soldier served faithfully until the expiration of his term of 
enlistment, or until the 33.1 day of May, anno Domini 1865, or was prevented from 
completing his term of service by ) eason of wounds received or disease con- 
tracted in the line of duty, but who, by reason of absence from his command at 
the time the same was mustered out, failed to be mastered out and to receive 
an honorable discharjie. 

Sec. 3. That the charge of desertion standing on the rolls and records in the 
Office of the Adjutant-General of the United States against any soldier who 
served in the late war in the volunteer service shall also be removed in all cases 
where it shall be made to appear to the satisfaction of the Secretary of War, 
from such rolls and records, or from other satisfactory testimony, that such 
soldier charged with desertion or with absence without leave did not intend to 
dessrt, and after such charge of desertion or absence without leave voluntarily 
returned to his command and served in the line of his duty until he was mus- 
tered out of the service and received a certificate of honorable discharge. 



51 

Sec. 3. That in all cases wheie the charge cf deseriion shall be removed 
under the provisions of tbis act from the record of any soL'ier who has not re- 
ceived a certificate of discharge, it shall be the duty of the Adjutant General 
of the XJni ed States to issue to such soldier, or, in case of his death, to his heirs 
or legal representatives, a c&rliticate of discharge. 

Sec. 4. That when the charge of desertion shall be removed under the pro 
visions of this act from the record of any soldier, such soldier, or in case of his 
death, the heirs or legal repre-entatives of such soldier, shall receive all pay 
and bounty which may have been withheld on account of such charge of de- 
sertion or absence without leave . Provided, howeotr, That this a?t shall not be 
so construed as to give to any such soldier as may be entitled to relief under 
the provisions of this act, or, in the case of his death, to the heirs or legal rep- 
resentatives of any such soldier, the right to ri ceive pay and bounty for any 
period of time during which such soldier was absent from his command with- 
out leave of absence: And provided further, That no soldier nor the heirs nor 
legal representatives of any soldier, who served in the Army a period of less than 
twelve months, or who intentionally deserted shall ba entitled to the benefit of 
the provisions of this act. 

Sec. 5, That all acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

Approved, August 7, 1882. 



(6) ' 
CH4.P. 223.— AN ACT to relieve certain soldiers from the charge of desertion. 

Be it enacted hy the Senate and House of Representati'Des of the United States of 
America in Congress assembled, That the charge of desertion now standing on 
the rolls and records in the office of the Adjutant-General of the United States 
against any soldier who served in the late war in the volunteer service shall be 
removed in all cases where it shall be made to appear to the satisfaction of the 
Secretary of War, from such rolls and records, or from other satisfactory testi- 
mony, that any such soldier served faithfully until the expiration of his terra 
of enlistment, or until the first day of May, anno Domini eighteen hundred and 
sixty-live, having previously served six months or more, or was prevented from 
completing his term of service by reason of wounds received or disease con- 
contracted in the line of duty, but who, by reason of absence from his command 
at the time the same was mustered out, failed to be mustered out and to receive 
an honorable discharge: Provided, That no soldier shall be relieved under this 
section who, not being sick or wounded, left his command without proper au- 
thority whilst the same was in the presence of the enemy. 

Sec. 2. That the Secretary of War is hereby authorize'd to remove the charge 
of desertion from the records of any soldier in the late war upon proper appli- 
cation therefor and satisfactory proof in the foil )Wing cases: 

First. That such soldier, after such charge of desertion was made, and within 
a reasonable time thereafter, voluntarily returned to his command and served 
faithfully to the end of his term of service. 

Second. That such soldier absented himself without proper authority from 
hospital, or from furlough given from hospital, while suff.ring from wounds, 
injuries, or disease received or contracted in the service in the lint', of duty, and, 
on recovery, voluntarily returned to his command and served faithfully until 
discharged, or diei from sucu wounls, injury, or disease while so absent and 
before the date of the muster out of his command. 

Third. That such soldier absented himself without proper authority from 
furlough given by proper authority, and whi'e so absent died from wounds, in- 
jury, or disease received or contracted in the service in the line of duty before 
the muster out of his command. 

Sec. 3. That in all cases where the charge of desertion shall be removed un- 
der the provisions of this act from the record of any sold'er who has not 
received a certificate of discharge, it shaU be the duty of the Adjutant- General 
of the United States to issue to such soldier, or, in case of his death, to his heirs 
or legal representatives, a certificate of discharge. 

Sec. 4. That when the charge of desertion sha'l be removed under the pro- 
visions of this act from the record of any soldier, such soldier, or, in case of 



52 



his death, the heirs or legal represeniativesof such soldier, shall receive the pay 
and bounty due to such soldier: Provided., however, That this act shall not be so 
construed as to give to any such soldier, or, in case of his death, to the heirs or 
legal representatives of any such soldier, any pay, bounty, or allowance for any 
period of time during which such soldier was absent from his command without 
proper authority, nor shall it be so construed as to give any pay, bounty, or 
allpwance to any soldier, his heirs or legal representatives, who served in the 
Army a period of less than six months. 

Sec. 5. That all applications for relief under this act shall be made to and 
filed with the Secretary of War within the period of five years from and after 
its passage, and all applications not so made and filed within said term of five 
years shall be forever barred and shall not b3 received or considered. 

Sec. 6. That all acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

Approved, July 5, 1884. 



REGULATIONS. 



Section 4748, Revised Statutes. 

That tlie Commissiouer of Pensions, on application being made to him in 
person, or by letter, by any claimant or applicant for pension, bounty- land, or 
other allowance reqvired by law to be adjusted or paid by the Pension Office, 
shall furnish such person, free of all expense, all sucb printed instructions and 
forms as may be necessary in establishing and obtaining said claim ; * * 

An observance of the followinq instructions will generally enable a claimant to 
intelligibly present Ms claim for pemion to the Commissioner of Pensions for 

settlement. 

Declarations, Invalid. 

A declaration must be filed, which must be executed in conformity to the 
provisions of section 4714 Revised Statutes. 

Blank forms for a declaration will be furnished to claimants upon applica- 
tion therefor, but will not be furnished to attorneys and claim-agents. 

The declaration should set forth the company and regiment in which the 
applicant served, the name of the commanding officer of the company or organ- 
ization, and the dates of enlistment and discharge. In Navy cases the vessel 
upon which the claimant served should be stated. If the claim is made on ac- 
count of a wound or injury, the declaration should set forth the nature and 
locality of the wound or injury, the time when, the place where, and the cir- 
cumstances under which it' was received, and the duty upon which the applicant 
was engaged. 

If the wound or injury was accidental, the applicani should state whether it 
happened through his own agency or that of ^ other persons, and he should 
minutely detail the circumstances under which it was received. 

If the claim is made on account of disability from disease, the applicant 
shouM state in his declaration when the disease first appeared, the place where 
he was when it appeared, aiid the duty upon which he was at the time engaged. 
He should also detail the circumsiances of exposure to the causes which, in his 
opinion, produced the disease. Whether the application be made on account 
of disability from injury or disease, the claimant should state the names, num- 
bers, a d localities of all hospitals in which he received medical or surgical 
treatment giving the da es of his admission thereto as correc ly as he may be 
able. 

The applicant should state whether he was in the military or naval service 
prior to or after the term of service in whici his disability origina-ed. 

The applicant s'lould state his post-office address. In cities, the street and 
number ot his residence should be given. 

The identity of the applicant must be shown by the testimony of two credible 
witnesses, who must appear with him before the officer by whom the declara- 
tion may be taken. 

NATURE OF THE EVIDENCE REQUIRED TO SUSTAIN A CLAIM FOR INVALID 

PENSION. 

As soon as practicable after the receipt of a claim for pension, app'^ication 
will be made by this office, in Army cases, to the Adjutant-General and the 
burgeon-General of the Army, for a report of the applicant's service and 
evidence in regard to the disability alleged which may appear upon the rolls 



54 

and other records in the possession of those officers. In Navy cases, applica- 
tion for such evidence -^iU. be made to the proper bureaus of the Navy Depart- 
ment. 

When the records of the War or Navy Department do not furnish satisfactory 
evidence that the disability on account of which the claim is made originated 
in the service of the United States and in the line of duty, the claimant will be 
required to furnish such evidence, in accordance with the instructions herein- 
after given, compliance with which must be full and definite; and if the dis- 
ability results from a wound or other injury, the nature and location of the 
wound or injury, the time when, the place where, and the manner in which it 
was received, whether in battle or otherwise, should be shown by the affidavit 
of some one who was a commissioned officer, and had personal knowledge of 
the facts. 

If the person called upon to give evidence is still in the service as a com- 
missioned officer, his certificate will be accepted in lieu of his affidavit. 

If there is no record of the disability claimed, the applicant will be called on 
to turnish the testimony of the surgeon by whom he was treated, showing the 
location and nature of the wound or injury and the circumstances under which 
it was received. If the disability arises from disease, the testimony of the per- 
son who was surgeon or assistant surgeon of the regiment to which the ap- 
plicant belonoed, or the vessel on which he served, should, if possible, be fur- 
nished, showing the name or nature of the disease, the time when, the plade 
where it was contracted, and the circumstances of exposure to the causes which, 
in his opinion, produced the same. 

The surgeon should state whether, in his opinion, the habits of the applicant 
had any agency in the production of the disease. 

In any claim, whether made on account of injury or disease, if it be shown 
that the testimony of a surgeon, assi^itant surgeon, or other commissioned officer 
cannot be produced as evidence of the origin of the disability alleged, the 
testimony of other persons having personal knowledge of the facts will be con- 
sidered. 

In a claim on account of disabiUty from disease, he must furnish the testi- 
monv of the physicians who have attended him since the date of discharge, 
explicitly setting forth the history of the disease and disability since its first 
appearance. It is especially important that the physician who first attended 
the applicant after his discharge should state the elate at which his attendance 
commenced and his condition at that time. If it should not be possible for the 
applicant to show the condition of his health during the whole period since the 
date of his discharge by the testimony of physicians, the cause of his inability 
to do so should be stated by him under oath. The testimony of other persons 
on this point may then be presented. The statement of the witnesses In regard 
to the manner in which the aopltcant was affected should bo full and definite, 
and they should state how they obtained a knowledge of the facts stated by 
them. 

CLAIMS FOR INCKEASE OP INVALID PENSIONS. 

A pensioner who may deem himself entitled to an increase of pension should 
file a declaration setting forth the ground upon whicb he claims such increase. 

A declaration for increase of pension, except where a new or different dis- 
ability than the one lor which p nsion has been granted is alleged, may be 
taken b.fore any officer duly authorized to administer oaths for general pur- 
poses, if it should not be convenient for the pensioner to appear before an 
officer of a court cf record. The official character and signature of the person 
before whom the declaration may be taken must be certified under the seal of 
a court of record. 

A declaration for increase of pension in which new disabilities are alleged as 
a basis for a claim must be executed before an officer of a court of record in 
the same manner as original declarations, and in accordance with the provisions 
of section 4714 of the Revised Statutes. 

CLAIMS FOE, RENEWAL OF PENSIONS. 

Applications for renewal of pension must be made to the Commissioner by a 
declaration executed as in original claims, setting forth that the cause for 
Which pension was allowed still continues. 



55 

In cases of unclaimed pensions, evidence mu&t be filed satisfactorily account- 
ing for ihe failure to claim sucli pension ; and, in invalid claims, medical evi- 
dence sliowiDg the continuance of tlie disability. 

Blank forms of vi eclaration will be furnished by this office at the request of 
the claimant, but will not be furnished to agents or attorneys. 

Claims of Widows akd Children, 
the declaration. 

The blank form of declaration, with the accompanying notes, which is furn- 
ished by this office upon the request of a claimant, sufficiently indicates the 
facts which should be stated by the widow or guardian. 

EVIDENCE. 

The facts relating to the cause of the soldier's death on account of whom the 
pension is claimed, including his last illness and date and place of death, should 
be set forth fully and in detail, and should be proven by the physicians who 
g,ttended him during his illness ; but, when that is impossible, the testimony 
of other persons who are acquainted with the circumstances may be furnished. 

PROOF OF MARRIAGE IN WIDOWS' CLAIMS. 

The marriage of the applicant to the person on account of whose service and 
death the claim is made should be shown — 

(1) By a duly verified copy of a church or other public record ; or 

(2) By the affidavit of the clergyman or magistrate who officiated ; or 
<3) By the testimony of (wo or more eye-witnesses to the ceremony ; or 

(4) By a duly verified copy of the church record of baptism of the children; or 

(5) By the testimony of two or more witnesses who knew that the parties 
lived together as husband and wife, and who will sta.e how long, within their 
knowledge, su'ih cohabitation continued. 

Special provision, however, is made by section 4705 of the Revised Statutes 
in regard to the character of ihe evidence which thallbe required in the claims 
of widows and children of colored and Indian soldiers and tailors. 

PROOF OF THE DATES OP BIRTH OF CHILDREN. 

The dates of birth of children shouM be proved — 

(1) By a duly verified copy of the church record of baptism or other public 
record ; or 

(2) By the affidavit of the physician who attended the mother ; or 

(3) By the testimooy of persons who were present at the births, who should 
state how they are able to testify to the precise dates. 

If any child of the person on whose account the claim is made died after the 
date at which the widow's pension will commence, the date of the death must 
be shown. 

Claims on Behalf of Minor Children. 

In claims on behalf of minor children the guardian must furnish proof upon 
the following points : 

(1) A copy of his letters of guardianship, bearing the seal of the court making 
the appointment, together with the certificate of th^ court that such appoint- 
ment has not been revoked ; which certificate should also state the amount of 
the guardian's bond. 

(2) The cause and date of the father's death, the marriage of the parents, and 
the dates of birth of the children must be proved. When, however, satisfactory 
proof upon these points has been furnished in the claim of the widow, it will 
not again be required in the claim on behalf of the minors. 

(3) If the mother of the children is dead, the date of her death must be proved. 
If she re-married, her re-marriage must be proved in the same manner ttiat her 
marriage to the father of the children is required to be proved. If the claim is 
made on account of the widow having abandoned the children, or on account 



06 

of her unfitness to have custody of them, the abandonment or unfitness can be 
shown only by the certificate of the court having probate jurisdiction. 

(4) If the mother of the children died before the father, it must be shown^ 
whether he again married. 

(5) It must be shown whether the father left any other pensionable child than 
those for whose benefit the claim is made ; and, if so, why such child is not 
embraced in the application. A guardian is not entitled on account of a child 
which died prior to the date of the application. 

Claims of Dependent Belatives. 

dependent motheus. 

A mother must show her rela ion$hip, the date and cause of the son's death, 
and whether he left a widow or minor children surviving, and her dependence 
upon him for support at the time of his death. 

In proof of dependence it must ne shown t*;; at previous to the date of the said 
son's decease her husband had died, or that he had permanently abandoned her 
support, or that on accouat of disability from injury or disease he was unable 
to support her. If the husb^md is dead, the dae of his death must be proved. 
If he abandoned the support of his family, the date of such abandonment and 
all the facts of the case showing whether lie ever returned or ever afterward 
contributed to the support of the claimant must be fully set forth. If he was 
disabled, the nature and cause of the disability, and when and to what extent 
it rendered him unaMe to support the claimant, must be shown by the testimony 
of his physician. The extent of tis disability during the period from the son's 
death to the present time should also be shown. 

TheTalue of the property of the claimant and her husband, The income which 
they derive therefrom, and the other means of support possessed by them while 
she was receiving the contributions of her s lid son, and from that time to the 
present, should be shown by the testimony of credible and disinterested wit- 
nesses, who must state ho v they know the "facts Trie value of property as- 
sessed for taxation may be shown by the testimony of the officer having pos- 
session of the records relating thereto. The true as compared with the assessed 
value should be stated. 

It mus be shown to what extent, for what period, and in what manner her 
said son contributed to her support, by the lestimony of persons for whom the 
son labored, to whom he paid rent, of whom he purchased groceries, fuel, 
clothing, or other necessary articles for her use, or of those who otherwise had 
a knovvledgeof the contributions of the son, and who must state how they ob- 
tained such knowledge. Any letter from the son bearing upon the question of 
support should be filed. If tee son, in any other manner than by actual con- 
tribu ions, acknowle.lged his obliga ions ty support his mo her, or was by law 
bound to suchsuppor , he fac s s*Jould be shown. 

DEPENDENT FATHERS. 

A father claiming pension on account of the death of his son, upon whom he 
was dependent for support, must prove — 

(1) The cause and date of his son's death ; that said son left no widow or 
minor child surviving him ; the cause and extent of his disability during the 
period in which the son contributed to his support, and f torn that time to the 
present ; the amouut of his property and all other means of support possessed 
by him during that period ; and the extent of his dependence upon his son for 
support. The facts of the case in these respects should be shown by such tes- 
timony as is required ia the c'aim of a mother. 

(2) The date of his marriage, the date of the death of the mother, and the 
date of birth of the son must be proved. 

In case the mother applied for pension, reference should be made to her ap- 
plication, and the number of the same or of her certificate should be given. 
Evidence upon any point esta3lished in her claim will not again be required. 

MINOR BROTHERS AND SISTERS. 

The claim on behalf of minor brothers and sisters should be made by a. 
guardian duly appointed, who must furnish the evidence of his or her author- 



57 

ity under the seal of the court from which the authority waa obtained. He 
must prove r he caise and dale of the death of the brother on whose account 
the claim is made, his celibacy, the dates of death of the mother and f ather^ 
his relationship to the persons on whose behalf the claim is made, the dates of 
their births, and their dependence upon the brother for support. If the mother 
or father applied for pension, the number of his or her application or his or 
her certificae should be given. Evidence upon any point established in the 
claim of the mother or father will not again be required. 

In the administraiioQ of the pension laws no distinction is made between 
brothers and sisters of the half blood and those of the whole blood. 

Magistrates, Witnesses, and Testimony. 

All evidence in a claim for pension (other than the declaration) may be veri- 
fied before an officer duly authorized to administer oaths for general purposes, 
but no evidence verified before an officer who is engage I in the prosecution of 
the claim or who has a manifest interest therein, will be accepted until he shall 
have renounced, in writing, all such interest. Exceptions to this rule, in ex- 
treme and necessitous cases, where a notary public or justice of the peace other 
than the attorney of record cannot be had, are held to be within the discre- 
tion of the Commissioner, but those exceptions are rare. Any officer before 
whom testimony in a claim for pension may be taken must therefore set forth 
in his certificate that he has no interest in the prosecution of such claim. 

The official character and signature of the magistrate who may administer 
the oath must be certified by the proper officer of a court of record under the 
seal of such court. 

When the commission of a notary public or a certified copy of his appoint- 
ment, with his official seal and signature attached, and the certificate of the 
clerk of a court or other proper officer to the genuineness of the signature is 
filed in this office, his own certificate, under his official seal, will be recognized 
thereafter during his continuance in office ; but in the absence of such commis- 
sion or certified copy of his appointment, an affidavit taken before such officer 
will not be received in any case unless it be accompanied by a certificate of the 
proper officer showing his authority and the genuineness of his signature. 
When a general certificate as to the authority and signature of a notary has 
been filed in this office, upon all papers verified before him thereafter reference 
should be made to such general certificate. 

When a person authorized to act as a deputy of an officer of a court of re- 
cord administers an oath, to a witness, he must sign his own name to the certifi- 
cate of the fact, and not that of the pr^rson for whom he is acting. 

It is desirable that the facts required to be proved in the prosecution of a 
claim for pension should, if possible, be shown by the testimony of other per- 
sons than near relatives of the claimant. 

Every fact required to be proved should be shown by the best evidence ob- 
tainable. Every witness should state whether he has any interest, direct or in- 
direct, in the prosecution of the claim in which he may be called to testify, and 
give hi^ post-office address 

Witnesses should not merely confirm the statements of other parties, but they 
should give a detailed statement of the facts known to them in regard to the 
matter concerning which they may testify, and they should state how they ob- 
tained a knowledge of sue ^ facts. The officer who may take the deposition 
must certify as toliis knowledge of the credibility of the witnesses, and must 
state how such knowledge was obtained. If they sign by mark, he muit cer- 
tify that ihe contents of their depositions were fully made known to them before 
he administered the oath. 

It is desirable that affidavits should be free from interlineations and erasures. 
When an alteration is made in aa affidavit, or an adlition is made thereto, it 
must appear by the certificate of the officer who administered the oath that such 
alteration or addition was made with the knowledge and sworn consent of the 
affiant. 

In all affidavits from surgeons or physicians, it Is desirable that that portion 
detailing the nature of the disability, dates of treatment and death, symptoms 
and opinions as to connection between diseases, or injury and disease, should be 
in the handwriting of the party by whom it is signed. The testimony of any 



58 

person as an expert should be drawn up by some one professionally competent 
to make such a statement. 

The official certificates of judicial officers using a seal, or of commissioned 
officers of the Army and Navy in actual service, will be accepted without affi- 
davit, but all other witnesses must testify under oath. 

Copies or Originals of Papers. 

Neither the original nor a copy of any essential paper, except the soldier's 
certificate of discharge from the United States service, filed in a claim before 
the Pension Office, will be furnished except upon the call of an officer of the 
■Government or of a court in which it may be required for purposes of litigation 
rot against the General Government. 

Pensions to the Survivors of the War of 1812, and to their Widows. 

The following persons are entitled to pension under the provisions of sections 
4736, 4737, and 4738, Revised Statutes: 

(1) Officers, soldiers, and sailors who served for sixty days, who have never 
been peDsioned for a di: ability incurred in the service of the United States. 
These will be entitled to a full pension of $8 per month from February 14, 1871. 

(2) Officers, soldiers and sailors who served f^r sixty days, but who are in re- 
ceipt of a pension of less than $8 per month, for disability incurred in the 
service of ihe United States, for the difference between the pension now received 
and $8 per month. 

(3) Widows of officers, soldiers, and sailors who served sixty days who were 
married to the soldier prio^ to the treaty of peace which terminated said war 
<Feb-.uary 17, 1815) and who have not since re-married. These will be entitled 
to !i8 per month from February 14, 1871. 

An honorable discharge in all cases is'recessary. 

The claimant's identity and loyalty must be proved by two witnesses, certified 
by the judicial officer to be respectable and credible, who are present and wit- 
ness the signature of the declarant, and certify to his identity and loyalty under 
oath or affirmation. 

In addition to those above enumerated, the following persons are entitled to 
pension at $8 per month, from March 9, 1878, for services in said war, under 
the provision of the act approved on that date: 

(1) Officers, soldiers, and sailors who served for fourteen days, and who have 
never been pensioned for a disability incurred in the service of the United 
States. 

(2) Officers, soldiers, and sailors who served for fourteen days, and are in 
receipt of a pension of less than $8 per month for disability incurred in the 
service of the United States, for the difference between the pension now re- 
ceived and $8 per month. 

(3) Officers, soldiers, and sailors who were in any engagement. 

(4) Widow?, without regard to the date of their marriage, and who have not 
remarried, of the persons described in the preceding three clauses. 

An honorable discharge is necessary, but proof of loyalty is not required in 
claims under the act of March 9, 1878. 

Any application for pension on account of service in the war of 1812, hereto- 
fore made under the act of Congress approved February 14, 1871, granting 
pensions, etc., or under sections 4736, 4737, 473 S, Revised Statutes, now pend- 
ing or which stands rejected, will be treated as filed under the amendatory act 
approved March 9, 1878, upon the claimant filing with the Commissioner of 
Pensions a statement, signed by him in the presence of two attesting witnesses, 
requesting that the claim may Ibe adjusted uader the act of March 9, 1878. In 
such cases new applications will not be required. 

A new attorney will not be recognized to prosecute any such claim unless, 
after having filed a power of attorney therein, he shall be called upon to fur- 
nish furthei' testimony to establish the claim. 

Applications must be made before a court of record, or before some officer 
thereof having cus'ody of its seal, except where by reason of infirmity of age 
the claimant is unable to travel, ia which case the declaration may be made 
before any officer authorized to administer oaths for general purposes. The 
infirmity must be sworn to bj the claimant and certified to by the otflcjr before 



59 . 

whom tae declaration is made. Applications for lestoration to the rolls under 
the provisions of the act of March 9, 1878, will be made in the usual form for 
restoration and executed as provided in such cases. 

ITEMS OF GENERA.L INFORMATION RELATING TO OLD WAR, NAVY, AND BOUNTY - 

LAND CLAIMS. 

(1) There is no provision of law granting Army pension for service only in 
the Mexican war, or any Indian or other war since tbe Revolution, except the 
war of 1813 (see paragraph 4). Pensions are allowed for said wars only to those 
who were wounded or injured or contracted disease in line of duty, or to the 
widows, and children, under sixteen years of those who died from wounds oi 
injuries received or disease contracted as aforesaid. 

(2) The law does not grant a pension either to a father, mother, or brothers 
and sisters of a soldier or sailor for any service rendered by him prior to the 
4th day of March, 1S61. 

(3) The ?ct of January 25 1879, and amendment, generally known as the 
arrears ad, does not provide for granting arrears of pension in cases where dis- 
ability is due to, or death ensues from, a cause originating in the service prior 
to the 4th of Marcb, 1861, nor in caees where pension has been allowed for 
service only, to>wit: 1812 service pensions. 

(4) Sections 4736 and 4740, Revised Statutes, made provision for the allow- 
ance of pension to soldiers and sailors of tlie war of 1812 who served for a period 
of sixty days and who were hor orally discharged from the service, and to the 
widows of said soldiers and sailors, provided they were married prior to the 
ireaty of peace, Febiuary 17, 1815. Loyalty to the United States Government 
during the late rebellion is required und< r above sections. Act March 9, 1878, 
provides for all soldiers or sailors of the war of 1812 (or their widows, irrespec- 
tive of date of marriage), who served for fourteen days, or who were in any 
battle, and who were honorably discharged from the service. But these pro- 

■ visions do not extend to the children or any other heirs, nor are the survivors 
pensioned under the provisions of this law entitled to any increase by reason of 
increase of disability, age, infirmity, etc., the law fixing the rate at $8 per month 
for all ranks. 

(5) The following section of the Revised Statutes shows the only condition 
under which any allowance can be made to any heirs of a Revolutionary soldier, 
to-wit: " Section 4742. From and after the 2d day of April, 1862, no claim for a 
pension or for an increas j of pension shall be allowed in favor of the children 
or other descendants of any person who served in the war of the Revolution, or 
of the widow of such person, when buch person or his widow died without 
having established a claim to a pension." But the widow of a Revolutionary 
soldier who served fourteen days or more may obtain diSeruce jpen&ion\mdiQv\hQ 
act of March 9, 1878. 

(t») x^ny arrears which may be due a deceased pensioner can be paid only 
under the provisions of section 4718 of the Revised Statutes, and where no pay- 
ment of the pension has been made for a period ^ f three years, the arrears can- 
not be collected until tbe pensioner's name has been restored to the rolls under 
the provis'ons of seciion 4719, Revised Statutes. 

(7) The widow or min' r children of a sailor who served in the Navy prior to 
the 4th day of March, 1861, is entitled to a pension only in the event of his 
death while in the Naxy, from injury or wounds received or disease contracted 
while in the line of duty. 
^ (8) The granting of pension for ten or twenty years' service in the Navy 
under ; ections 4756 and 4757, Revised Statutes, is wholly in the hands of the 
honorable Secretary of the Navy, and all commuaica icns rela ive thereto 
should be ad^lressad o he Chief of the Bureau of Equipment and Recruiting, 
Navy Department, Washingi:on, D. C. A duplicite application should, how- 
ever, be filed in the Pension OffiGe. 

(9) Any service rendered subsequent to the 3d day of March, 1855, does not 
give title to bounty in lands, and the service rendered before that date, to give 
title, must have been at least fourteen days in and during some one of the re- 
cognized wars in which this country has been engaged.' 

(lOj Copies of discharges can be furnished by this Office only when the 
originals have been filed with claitiismade on account of services rendered priol 



to March 4, 18(51. For certificates in lieu of lost discharges from service since 
March 4, 1861, application should be made to the Adjutant General of the Army. 

(11) Inquiries relative to the assignment of bounty-land warrants should be 
addressed to the Commissioner of the General Land Office, and also all com- 
munications in regard to homestead lands for services during the late rebellion. 

(12) Communications in regard to back pay, extra pay, ar d bounty in money 
for Army service, should be addressed to the honorable Second Auditor, United 
States Treasury Department, and for extra pay, prize money, etc., for naval 
service, to the honorable Fourth Auditor, United States Treasury Department. 

REMAKKS AS TO ATTORNEYS. 

The Pension Office is constantly in receipt of letters from claimants, or others 
writing for them, asking for information as to the reputation and standing of 
attorneys and for advice as to the propriety of employing this attorney or that 
firm to assist in the prosecution of a glven"^ claim. The office is often requested 
to recommend some ijood reliable artorney for such employment. 

The impropriety of such requests must be apparent to all. A compliance 
with them by the Commissioner of Peiisions would be still more improper. 
The presumption of the office is that every attorney is reliable until the con- 
trary is shown. Claimants must exercise their own discretion in those matters. 
The Pension Office inv^iriably declines to make suggefctionsorto furnish advice 
on that subject. To do differently would be to inaugurate a system whereby 
unjust discriminations, based upon personal favoritism or personal prejudice, 
would be unavoidable Claimants and others will, therefore, save the office 
and themselves much trouble by refraining from correspondence wherein such 
informatian is requested. In the future, communications upon this subject will 
not be replied to. 



L4WS AND REGULATIONS 

GOVEKNmG THE 

RECOGNITION OF AGENTS AND ATTORNEYS. 



Department of the Intekioe, 

Washington, D. C, February 1, 1886. 

LAWS. 

The following statutes relate to tlie recognition of attorneys and agents for 
claimants before this Department' : 

*' That the Secretary of the Interior may prescribe rules and regulations gov- 
erning the recognition of agents, attorneys, cr other persons representing claim 
ants before his Department, and may require of such persons, agents, or attor- 
neys, before being recognized as representatives of claimants, that they shall 
show that they are of good moral character and in good repute, possessed of 
the necessary quilifications to enable them to render such claimants valuable 
service, and otherwise competent to advise and assist such claimants in the 
presentation of their claims ; and such Secretary may, after notice and oppor- 
tunity for a hearing, suspend or exclude from further practice before his De- 
partment any such person, a^ent or attorney shown to be incompetent, disrep- 
utable, or who refuses to comply with the said rules and regulations; or who 
shall with intent to defraud, in any manner deceive, mislead, or threaten any 
claimant or prospective claimant, by word, circular, letter, or by advertise- 
ment." (Act July 4th, 1884, Stats., vol. 23, p. 101, Sec. 5.) 

*' Every officer of the United States, or person holding any place of trust or 
profit, or discharging any official function under, or in connection with, any 
Executive Department of the Government of the United States, or under the 
Senate or House of Representatives of the United States, ^ho acts as an agent 
or attorney for prosecuting any claim agcinst the United States, or in any man- 
ner, or by any means, otherwise than in the discharge of his proper official 
duties, aids or assist, in the prosecution or support of any such claim, or re- 
ceives any gratuity, or any share of or interest :n any claim from any claim- 
ant against the United States, with intent to aid or assist, or in consideraton of 
having aid-rd or assisted, in tiie prosecution of such claioi, shall pay a fine of 
not more than five thousand dollars, or suffer imprisonment not more than one 
year, or both." (Section 5498, Revised Statutes.) 

"It shall not be lawful for any person appointed after the first day of June, 
one thousand eight hundred and seventy two, s an officer, clerk, or employee 
in any of the Departments, to act as counsel, attorney, or agent for prosecuting 
any claim against the United States, which was pending in either of said De- 
partments while he was such officer, clerk, or employee, nor in any manner, 
nor by any means, to aid in the prosecution of any such claim, within two 
years next after he shall have ceased to be such officer, clerk, or employee." 
(Section 190, Rev sed Statutes.) 

"Any person prosecuting claims, either as attorney or on his own account, 
before any of the Departments or Bureaus of the United States, shall be re- 
quired to take the oath of allegiance and to support the Constitution of the 
United States as reqiired of persona in the civil service. (Section 3478, Re- 
vised Statutes.) 

" The oath piovided for in the preceding section may be taken before any 
justice of the peace, notary pu:)lic, or any person who is legally authorized to 
administer an oath in the State or district where the same may be administered." 
(Section 3479, Revised Statutes.) 



62 

The act of May 13, 1884 (Stats., v. 23, p. 22), provides that the oath above 
required shall be that prescribed by section 1757, Revised Statutes, which is as 
follows: 

" I, — — -, <io sraemnly swear (or affirm) that I will support and defend the Consti- 
tution of the United States ag-ainst all enemies, foreign and domestic ; that I will bear 
true faith and allegiance to the same ; that I take this obli- ation freely without any men- 
tal reservation or purpose of evasion; and that I will well and faithfully discharge the 
duties of the office on which I am atoutto enter. So help me God." 

REGULATIONS. 

Under the authority conferred on the Secretary of the Interior by the fifth 
section of the act of July 4, 1884, it is hereby prescribed that an attorney-at- 
law who desires to represent claimants before the Department or one of its Bu- 
reaus shall file a ceriificate, under the seal of a United States, State, or Terri- 
torial court that he is an attorney in good standing. 

An agent or other person who desires to represent claimants before the De- 
partment or one of its Bureaus shallfile a certificate from a judge of a United 
States, State, or Territorial court, duly authenticated under the seal of the court, 
that such agent or other person is of good moral character and of good repute^ 
possessed of the necessary qualifications to enabl him to render such claimants 
valuable service, and otherwise compe ert to advise and assist such claimants 
in the presentaion of iheir claims. 

The Secretary may demand additional proof of qu lification?, and reserves 
the right to decline to recognize any attorney, agent or other person applying 
to represent claimants under this rule. 

The oath of allej^iance required by section 3478 of the United States Revised 
Statutes must also be filed. 

In the case of a firm the names of the individuals composing the firm must 
be given, and a certificate and oath as to each member of the firm will be re- 
quired. 

Unless specially called for, the certificate above referred to will not be re- 
quired of any attorney or agent heretofore recognized and no vv in good standing 
before the Department. 

An applicant for admission to practice ui der the above regula ions must 
address a letter to the Secretaty of the Interior, inclosing the certificate and 
oa.h above required, in which letter his ftiU name and post olfice address must 
be given, fle mast state whether or not he has ever been recognized as attorney 
or agent before this Department or any Bureau thereof, and if so, whether he 
has ever b3en suspended or disbarred from practice. He must also state whether 
he holds any office under the Government of the United States. 

No person who has been an officer, clerk, or employee of this Department 
within two years prior to his application to appear in aoy case pending herein 
shall be recognized or permitted to appear as an attorrey or agent in any such 
case as shall have been pending in the Department at or before the date he left 
the service. 

Provided, this rule shall not apply to officers, clerks or employees of the 
Patent Office, nor to cases therein. 

Whenever an attorney or agent is charged with improper practices in prose- 
cuting a claioi before any Bureau of this Department, the head of such Bureau 
shall investigate the matter, giving the attorney or agent due notice, together 
with a statement of the charges against him, and allow him an opportunity to 
be heard in the premises. When'the investigation shall have been concluded, 
all the papers shall be forwarded to the Department, with a statement of the 
fact^ and such recommendation as to disbarment from practice as the head of 
the Bureau may deem proper, for the consideration of the ^^ecretary of the In- 
terior. During the investigation the attorney or agent will be recognized as 
such, unless for special reasons the Secretary shall order his suspension from 
practice. 

If any attorney or agent in good standing before the D partment shaU know- 
ingly employ as sub-agent or correspondeLt a person who has been prohibited 
from practice before the Departxient, it will be sufficient reas m for the dis')ar- 
ment of the fo:mer from practice. 



63 

Uf)on the disbarment of an attorney or agent notice thereof will be given tO' 
the heads of Bureaus of this Departnaent, and to the other Executive Depart- 
ments; and thereafter, until otherwise ordered, such disbarred person will not 
be reco2mzed as attorney or agent in any claim or other matter before this^ 
Department or any Bureau thereof. 

L. Q. C. LAMAR, 



RULES OF PRACTICE BEFORE THE COMMISSIONER 

OF PENSIONS. 



Department of the Interior, Pension Office, 

Washington, 1). C, February 1, 1886. 

So much of the act of July 4, 1884, as relates to claim agents and attorneys 
in pension claims, reads as follows (U. S. Stats, at Large, vol. 23, p. 99) : 

Be it enacted hy the Senate and House of Bepresentatives of the United States of 
America in Congress assembled, * * * That the act entitled "An act relating 
to claim agents and attorneys in pension cases," approved June twenty, eighteen 
hundred and seventy-eight, is hereby repealed: Provided, however, That the 
rights of the parties shall not be abridged or affected as to contracts in pending 
cases, as provided for in said act, but such contracts shall be deemed to be and 
remain in full force and virtue, and shall be recognized as contemplated by said 
act 

Sec. 2. That sections 4768, 4769, and 4786, of the Revised Statutes are hereby 
made applicable also to all cases hereafter filed with the Commissioner of Pen- 
sions, and to all cases so filed since June twenty, eighteen hundred and seventy- 
eight, and which have not been heretofore allowed except as hereinafter pro- 
vided. * 

Sec. 3. That section 4785 of the Revised Statutes is hereby re enacted and 
amended so as to read as follows: 

" Sec. 4785. No agent or attorney or other person shall demand or receive any 
other compensation for his services in prosecuting a claim for pension or bounty 
land than such as the Commissioner of Pensions shall direct to be paid to him, 
not exceeding twenty-five dollars; nor shall such agent, attorney, or other person 
demand or receive such compensation, in whole or in part, until such pension or 
bounty- land claim shall be allowed: Provided, That in all claims allowed since 
June twenty, eighteen hundred and seventy-eight, where it shall appear to the 
satisfaction of the Commissioner of Pensions that the fee of ten dollars, or any 
part thereof, has not been paid, he shall cause the same to be deducted from the 
pension, and the pension agent to pay the same to the recognized attorney." 

Sec. 4. That section 4786 of the Revised Statutes is hereby amended so as to 
read as follows: 

" Sec. 4786. The agent or attorney of record in the prosecution of the case 
may cause to be filed with the Commissioner of Pensions duplicate articles of 
agreement, without additional cost to the claimant, setting forth the fee agreed 
upon by the parties, which agreement shall be executed in the presence of and 
certified by some officer competent to administer oaths. In all cases where ap- 
plication is made for pension or bounty land, and no agreement is filed with the 
Commissioner as herein provided, the fee shall be ten dollars and no more. And 
such articles of agreement as may hereafter be filed with the Commissioner of 
Pensions are not authorized, nor will they be recognized except in claims for 
original pension, claims for increase of pension on account of a new disability, 
in claims for restoration where a pensioner's name has been or may hereafter be 
dropped from the pension-rolls on testimony taken by a special examiner, show- 
ing that the disability or cause of death, on account of which the pension was 
allowed, did not originate in the line of duty, and in cases of dependent rela- 
tives whose names have been or may hereafter be dropped from the rolls on like 
testimony, upon the ground of non-dependence, and in such other cases of diffi- 
culty and trouble as the Commissioner of Pensions may see fit to recognize them: 
Provided, That no greater fee than ten dollars shall be demanded, received, or 
allowed in any claim for pension or bounty land granted by special act of Con- 
gress, nor in any claim for increase of pension on accoimt of the increase of the 
disability for which the pension kad been allowed: And provided further , That 



65 

no fee sliall be demanded, received, or allowed in any claim for arrears of pen- 
sion or arrears of increase of pension allowed by any act of Congress passed 
subsequent to tbe date of the allowance of the original claims in which such 
arrears of pension or of increase of pension may be allowed." 

The articles of agreemeni: herein provided for shall be in subs ance as fol- 
lows, To-wii : 

ARTICLES or AGREEilENT. 

Wlif^reas I, . late a m Compmj' , of the Regiment of 

Volunteers, Var of , having made application for pension under the laws of the 

United vStates: .„, ^ -, . -^ ^. « . -, 

Now this agreement witnesseth : That for and m consideratian of services done andto 

be done in the premises. I hereby agree to allow mr agent , of , the fee 

^f aoUars, which shall include all amounts to be paid for any services in the fur- 
therance of said claim: and said fee shall not be demanded by or payable to my said 
Eo-ent in whole or in part, except in case of the granting of my pension by the Commis- 
sioner of Pensions ; and that the same shall be paid to , in accordance vnth the pro- 
visions of sections 4768 and 4769 of the Revised btatutes United States, 

[Signature of claimant.] 
[Post- office address.] 

[Signature of two witnesses.] 

State of , county of , ss: 

Be it known that on this the day of , A. D. 188--, personally appeared 

the above named, who, after having had read over to , in the hearing and 

presence of the two attesting witnesses, the contents of the foregoing article^ of agree- 
ment, voluntarily signed stid acknowledged the same to be free act and deed. 

[Official ■ ignature.j 

And now, to-wit, this day of , A. D. 188—, accept the provisions con- 
tained in 'the foregoiig articles of agreement, and will, to the best of ability, en- 
deavor faithfully to represent the interest of the claimant in the premises. here- 
by certify that nave received from the claim.? nt above named (he sum of 

dollars, am! no more ; dollars being for fee, and The sum of dollars being for 

postage and other expenses. And that these agreements have beea executed in dunli- 
catfc, without a iditional cost to the claimant, as required by laAv, in excess of the fee 
above named, the said agent making no charge tht^refor. 

[Signature of agent.] 
Witness hand the year and day above written. 

State of , courdy of , sr: 

Personally came , whom I know to be the person repi'esents to 

be, and Avho, having signed above acceptance of agreement, acknowledged the same to 
be free act and deed. 

[L. S.] . 

[Official signature.] 

Approved for dollars, and paj-able to , of — , the recognized at- 
torney. 

Commissioner of Pensions. 

And if, in the adjudication of any claim for pension in which such articles 
of agreement have been or may hereafter be filed, it shall appear that the claim- 
ant had, prior to the execution thereof, paid to the attorney any sum for his 
services in such claim, and the amount so paid is not stipulated therein, then 
every such claim shall be adjudicated in the same manner as though no articles 
of agreement had been filed, deducting from the fee of ten dollars allowed by 
law such sum as claimant shall show that he has paid to his said attorney. 

Any agent or attorney or other person instrumental in prosecuting any claim 
for pension or bounty -land who shall, directly or in-Urectly, contract f - r, de- 
mand, or receive, or r tain any gre iter compen ation for his services or instru- 
mentality in prosecuting a claim for len ion or bounty-land than is henvin pro- 
vided, or who shall wrongfully withhold from a pensioner or claimant the 
whole or any part of the pension or claim allowed and due such pensioner or 
claimant, or the land warrant issued to any such claimant, shall be deeme i 
guilty of a misdemeanor, and upon conviction thereof shall for every such offense 
be fined not exceeding $500, or imprisonment at hard labor not exce€ding t\w 
years, or both, in the discretion of the court 

Sec. 5. That the Secretary of the It t«erior may prescribe rules and regula- 
tions governing the recognition of agents, attorr.ej^s, or other persons represeat 
ing claimants before his Department and may require of such per.-ons, agents, 
and attorneys, before being r. cognized a; repres ntitivesof claimants, that they 



66 

shall show that they are of good mora^ character and in good repute, possessed 
of the necessary qualifications to enable them to render such claimants valuable 
service, and otherwise competent to advise and as;ist such claimants in the pre- 
sentation of their claims ; and such S cretary may, afttr notice and opportunity 
for a hearing, suspend or exclude from further practice before his Department 
any such person, agent, or attorney shown to be incompetent, disreputable, or 
who refuses to comply wita the said rules and regulations, or who shall, with 
intent to defraud in any manner, deceive, mislead, or threaten any claimant, or 
prospective claimant, by word, circular, letter, or advertisement. 

Sec. 6. The Commissioner shall have power, subject to review by the Secre- 
tary, to reject or refu e to recogcize any contract for fees, herein provided for, 
whenever it shall be made to appear that any undue advantage has been taken 
ofHhfe claimant in respect to such contract. 

Approved, July 4, 1884. 



The following miles of practice 'before the Commissioner of Pensions will he en 
forced in this office from ajid after this date : 

Rule 1. A person appearing of record in this oflSce as having complied with 
the requirements of the regulations prescribed by the Secretary of the Interior 
for the recognition of attorneys or agents for claimants beflbre the department of 
the Interior will be held authorized to prosecute any claim for pension; (1) when 
in such claims he files a power of attorney from claimant; (2) when he files agree- 
ments as to fees and no power of attorney is on file; (3) when the papers filed in 
the claim are indorsed as filed by him as attorney, agent, or attorney in fact for 
claimant, and neither a power of attorney nor fee agreement are on file: Pro- 
mded, That the payment of fee shall in 'the latter case be dependent upon a 
ratification by claimant, in terms, after full knowledge of all the facts. 
^ Rule 2. In the event thr^t any claimant before this office represented by an 
attorney of record shall desire pending the prosecution of his cl>iim to change 
his said attorney, he may be allowed to do so upon condition that the attorney 
proposed to be so substituted is in good standing as a practitioner before the Com- 
missioner of Pensions, snd that any indebtedness to said former attorney for 
services in said claim shall be paid out of any fee to be finally allowed, which, 
upon a review of the work done in behalf of claimant in the prosecution of his 
claim up to the time of the proposed substitution, the Uommissioner of Pensions 
shall in his discretion direct. 

Rule 3, The written consent of a claimant is declared essential to a valid as- 
signment of an attorneyship o: agency from one attorney or agent to another; 
and the assignee shall file in eicTi and every claim covered by the assignment 
the consent herein provided for, as well as a schedule of all claims assigned, which 
schedule shall set out the name of claimant, regiment, company, number of claim, 
and the character thereof. 

Rule. 4. No attorney at-law, agent or attorney in fact shall have power to 
make a. valid assignment of any claim in which he has been recognized for the 
purpose of prosecuting the same, even with the written consent of claimant, 
except he be at the t me of such assignment, and of the consent, in good standing 
as a practitioner before this office. 

Rule 5. No power of attorney purportics to be executed by a claimant will 
be recognized as a good anl valid au hority unless the same be signed in the 
presence of two witnesses and acknowledged before a a officer duly authorized 
to administer oaths for general purposes, whose official character is certified 
under seal. 

Rule 6. No fee contracts filed under the act of July 4, 1884, will be recog- 
nized as valid, or [ ayment < f fees made thereunder, un ess the signature of 
claimant to the contract is witnessed by two attesting witnesses, aod c'aimani's 
acknowledgment thereto is before some officer duly authorized to administer 
raths for general purposes, whose oflBcia' signature must be certified under seal. 
(Commissioner's ruling in re Beller, October 21, 1885.) 

Rule 7. Articles of agreement in claims for bounty-land will be filed in dupli- 
cate, and when the claim shall have been allowed, and the bounty land-warrant 
issued, one approved copy of said agreement will be forwarded to the attorney 
of record, and the other 'preserved with the record of the claim. The bounty- 



67 

land warr^iDt will be forvvardei direct to tlie party entitled to the possession 
thereof. 

Rule 8. Payment of fees under contracts filed under the act of July 4, 1884, 
will be depeadent on the approval of the Commissioner of Pensions, based on 
the services rendered. (Commissioner's ruling in re James Clemen s, December 
3, 1885; in re Oscar K. Dean, December 23, 1885; in re Francis M.» Eastman, 
December 23, 1885.) 

RuL-E 9. When an attorney, agent, or a'torney in fact is disbarred, pending 
the adjudication f>f a claim, and, while such disbarment is in force, the claim is 
adjudicated and the certificate issued, and by reason of such disb-irment no fee 
is certified, and thereafter such attorney, agent, or attorney in fact is restored to 
practice, and claimant has not by reason of^^such disbarment canceled or revoked 
th« authority therefore existing, upon such restoration as afores^dd, a fee will 
be certified pro rata to the services rendered. (Commissioner's ruling in re T. 
J. Latham, guardian, November 27, 1885; fn- r^ If^armelia Radcliff, November 
27, 1885.) 

Rule 10. When a claimant, pending the disbarment of his attorney of record, 
employs another and diflferent attorney, who prosecutes the daim to final adju 
dictation, no fee will be certified the disbarred attorney upon his restoration to 
practice, but his disbarment will operate as an estoppel, to bar any claim for fee. 

Rule 11. Where it appears that an attorney, agent, or attorney of fact has, 
since July 4, 1884, demanded or received any portion of a fee called for by fee 
agreements, filed under the act of July 4, 1884, in advance of the successful 
prosecution of the claim, such pa\ ment will be held payment in full, and no 
further fee certified under the fee agreement. (Commissioner's ruling in re J. 
H. Salmon, in re Oliver P. McCarnish, in ?'(2Chiis. C. Evans, in re Paul Siebold, 
xNovember 13, 1885.) 

Rlle 12. A fee will not be allowed to a guardian who prosecutes the claim of 
his ward, nor to a firm of attorneys of which the guardian is a member. 

Rule 13. vVhere an attorney or agent is substituted in the place and stead of 
a former attorney of record in any claim pending as provided by Rule 2, and 
such substituted agent or attorney files fee agreements, he shall be required to 
set out in the body of the agreement filed all amounts previously paid the former 
attorney, and in default thereof said lee agreements will not be recognized or 
fee certified thereunder. 

Rule 14. When attorneys, agents, or attornej^s in fact are called on b/ this 
ofiice to furnish evidence in any claim, they will be allowed ninety days to fur- 
nish such evidence, or give reason why they fail to do so. In default thereof 
claimant will be notified of such failure, either to file the evidence called for or 
to show cause wh}^ it is not filed, and will be allowed ninety days further to file 
the same, either himself, or by such other attorney as he may elect; and upon 
the recognition of buch other attorney the former attorney or agent will be estop- 
ped from claiming any fee. 

Rule 15. To call up a case will not j96?' se be held a substantial compilianee 
with aoy specific requirement of th!s office. (Commissioner's ruling in re George 
L. Waggoner, O:tober 19, 18fc5.) 

Rule 1C>. Attorneys Avill be required to execute due diligence in all cases in 
which th'ey are recognized as attorneys of record. Ne Ject to prosecute a claim 
for one year will be held, in default of cause shown therefor', conclusive evi- 
dence of abandonment of a claim by an attorney, and claimant will be so in- 
formed. (Commissioner's ruling in re Gcrge 1>. Waggon-r, October 19, 1885.) 

Rule 17. No claims pending in this Bureau will be considered out of the 
regular order of business upon the requtst < f attorneys, or agents, or any other 
persons whomsoever, except for go.d cause shown, and upon the order of the 
Commissioner of Pensions. 

Rule 18. From ano after the first day of January, A. D. 1886, all pension 
agents where claimants allege payment by them of any sum or sums to their at- 
torney of record shall req. est said claimants to make affidavit to the amount of 
payment, the date of payment, under what certificate ipade, and, as far as may 
be in their recollection, how much payment was made ; and that the said affida- 
vit shall be in manner and form substaniially as provided by Order No. 134, 
under date of December 3, 1885. 

Rule 1'^. 5- ach and every affi ]avit shall be executed in duplicate, one to be 
retained by the pension agent as his voucher and authority in the premises for 



68 

deducting the amount nworn to have been paid, and the duplicate thereof to be 
promptly foi-wa^ded ^o the Commissioner of Pension •* for tiling with the record 
in the claim wherein such affidavit purports to be ma<"''e. 

Rule 20. Where claimant cannot make such affi''avit as is herein pre- 
scribed and set forth, w.th reasonable certainty, the pension agent shall pay the 
fee certified by the Commissioner of Pensions or called for by the fee agreements 
without de'luction : Provided, That if, in the opinion of The pension agent, reas- 
onable doubt exists as to the fact of said payment and yet the said claimaLt be 
unable to make such affidavit as herein prescribed, said agent shall c-rtify said 
case to the Commifcsioner of Pensions for his consideration and decision. (See 
Sec. 4784, R. S.) 

Rule 21. Every attorney, agent, or other person recoi nized by this Depart- 
ment as entitled to practice before it, or before the Commissioner of Pensio. s in 
prosecuting claims for pension, shall cause to be fi'ed with the Commissioner of 
Pensions, not less than ten (10) days before the same are issued for general cir 
culation, copies of ail circular letters intended and framed to solicit business 
before the Commissioner of Pensions. And if at the end of ten days from filing 
the same such circular letters are not disapproved, and notice thereof furnished 
the person filing the same they shall ha \iq\(\. prima facie to be in manner and 
form approved. 

Rule 22. Claims for increase of pension shall not be considered or held as 
claims pending within the prohibition of section 190, Revised Statutes of the 
United States. (Secretary's decision in the appeal of Luther Harrison, October 
6, 1885; Commissioner's ruling in re Deloss E. Topping, ISlovember 20, 1885. 

Rule 23. Appeals by attorneys or agents to the Secretary of the Interior in 
pension and bounty-land cases will not be considered unless the Commissioner 
of Pensions has taken final action upon the question to which they relate. Such 
appeals must be addressed to the Secretar v of the Interior, and must set forth the 
specific errors of law or of fact upon which they are based. Appeals which do 
not conform to the above requirements will be dismised as informal. 

Rule 24. All rules and parts of rules heretofore in force in conflict herewith 
are herewith repealed 

JOHN G. BLACK, 
Commisdoner of Pensions. 

Approved. 

L. Q. C. LAMAR, 

Secretary. 



PENSION LAWS NOW IN FORCE. 



AN ACT to increase the pension of soldiers and sailors who have "been totally disabled. 

Be it enacted hy the Senate and House of Representatixes of the United States of 
America in Congress assembled, That section four of the act entitled "An act to 
revise, consolidate, and amend tte laws relating to pensions," and approved 
Murcli third, eighteen hundred and seventy -three, be so amended that all per- 
sons who, while in the military or naval service of the United States, and in the 
line of duly, shall have been so permanently and totally disabled as to require 
the regular personal aid and attendance' of another person, by the loss of the 
sight of both eyes or by the loss of the sight of one eye, the sight of the other 
having been x)reviously lost, or by the less of both hands, or by the loss of both 
feet, or by any injury resulting in total and permanent helplessness, shall be 
entitltd to a pension of lifty dollars per month; and this shall be in lieu of a 
pension of thirty one dollars and twenty -five cents per month granted to such 
X)erson by said section: Provided, That the increase of pension shall not be 
granted by reason of any of the injuries herein specified, unless the same shall 
have resulted in peimaneDt, total helplessness, requiring th® regular personal aid 
and attendance of another person. 

Sec. 2. That this act shall take effect from and after the fourtli day of June, 
eighteen hundred and seventy-four. 

Approved, June 18, 1874. 



AN ACT to allow a pension o£ thirty-six dollars per month to soldiers who have lost iDOth 

an arm and a leg. 

Be it enacted by the Senate and House of Repr^scntatixes of the United States of 
America in Congress asscmbl d, That all persons who. while in the military or 
naval service of the United States, and in the line of duty, shall have lost one 
hfiud and one foot, or been totally and rermanently disabled in both, shall be en- 
titled to a pension for each of such disabilities, and at such a rate as is provided 
for by the p^ oviiions of the existing laws for each disability: Provided, That 
thi- act shall not be so construed as to reduce pensions in each case. 

Approved, February 28, 1877. 



AN ACT equalizing pensions of certain oflficers in the Navy. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled. That from and after the passage of this act, the 
pension for total disability of passed assistant engi eers, assistant engineers, 
and cadet engineers in the naval service, respectively, shall be the same as the 
pensions allowed to officers of the line in the naval service with whom they have 
relative rank ; and that all acts or parts of acts, inconsistent herewith be, and 
the same are hereby, repea'cd. 

Approved, March 3, 1877. 



AT^ ACT to increase the pension of certain pensioned soldiers and sailors who have lost 
hoth their hands or hoth their feet or the sight of both eyes in the service of the 
country. 

Whereas, it is apparent that the present pension paid to soldiers and sailors 
who have lost both their hands or both their feet in the service of the country 
is greatly inadequate to the support of such as have families : Therefore, 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled. That on and after the passage of this act, all 
soldiers and sailors who have lost either both their hands or both their feet or 
the sight of both eyes in the service of the United States, shull receive, in lieu 



70 

of all pensions now paid them by the Government of the United vStates, and there 
shall be paid to them, in the same manner as pensions are now paid to such per- 
sons, the sum of seventy-two dollars per month. 
Approved, June 17, 1878. 



AN ACT relating to soldiers while in the civil service of the United States. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress asse^nbled, That all persons who, under and by virtue of 
the first section of the act entitled "An act supplementary to the several acts re- 
lating to pensions," approved March third, eighteen hundred and sixty-five, 
were deprived of their pensions during any portion of the time from the third of 
March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred 
and sixty-six, by reason of their being in the civil service of the United States, 
shall be paid their said pensions, withheld by virtue of said section of the act 
aforesaid, for and during the said period of time from the third of March, eigh- 
teen hundred and sixty five, to the sixth of June, eighteen hundred and sixty-six. 

Approved, March 1, 1879. 



AX ACT for the relief of soldiers and sailors becoming totally blind in the service of the 

country. 

IBe it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the act of June seventeenth, eighteen hun- 
dred and seventy-eight, entitled an 'Act to increase the pensi ns of certain sol- 
diers and sailors who have lost both their hands or both their feet, or the sight 
of both eyes, in the service of the country " be so construed as to include all 
soldiers and sailors who have become totally blind from causes occurring in the 
service of the United States. 

Approved, March 3, 1879. 



AN ACT for the relief of certain pensioners. 

Beit enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That all pensioners now on the pension rolls, or 
who may hereafter be jDlaced thereon, for amputation of either leg at the hip 
joint, shall receive a pension at the rate of thirty-seven dollars and fifty cents per 
month from the date of the approval of this act. 

Approved, March 3, 1879. 



Chap, 336.-^ AN ACT to Increase the pension of certain pensioned soldiers and sailors .who 
areutterly helpless from injuries received or disease contracted while in the United 
States service. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That all soldiers and sailors who are now re- 
ceiving a pension of fifty dollars per month, under the provisions of an act en- 
titled "An act to increase the pension of soldiers and sailors who have been 
totally disabled," a^^proved June eighteenth, eighteen hundred and seventy-four, 
shall receive, in lieu of all pensions cow paid them by the Government of the 
United States, and there shall be paid them in the same manner a^ pensions are 
now paid to such persons, the sum of seventy -two dollars per month. 

Sec. 2. All pensioners whose pensions shall be increased by the provisions of 
this act from fifty dollars per month to seventy-two dollars per month shall be 
paid the difference between said sums monthly, from June seventeenth, eighteen 
hundred and seventy-eight, to the time of the taking effect of this act. 

Approved, June 16, 1880. 



Chap. 91.— AN ACT to amend the pension lawi by increasing the pensions of soldiers and 
sailors who have lost an arm or leg in the service, and to: other purposes, 

Be it enacted by the Senate and House of Representatives of the United Hates oj 
America in Congress assembled. That from and after the passage of this act all per- 
sons on the pension rolls, and all persons hereafter granted a pension, who, while 
in the military or naval service of the United States, and in tlie line of duty, shall 



71 

have lost one hand or one foot, or been totally or permanently disabled in the 
same, or otherwise so disabled as to render their incapacity to perform manual 
labor equivalent to the loss of a hand or a foot, shall receive a pension of twenty- 
four dollars per month; that all persons now on the pension-roll, and all persons 
hereafter granted a pension, who in Hke manner shall have lost either an arm at 
or above the elbow, or a leir at or above the knee, or shall have been otherwise 
so disabled as to be incaj acitated for performing any manual labor, but not so 
much as to require regular personal aid and attendance, shall receive a pension 
of thirty dollars per month: Provided, That nothing' contained in this act shall 
he construed to repeal section forty six hundred and ninety-nine of the Revised 
Statutes of the United States, or to change the rate of eighteen dollars per month 
therein mentioned to be proportionately divided for any degree of disability es- 
tablished for which section forty-six hundred and ninety -five makes no provi- 
sion. 

Approved, March 3, 1883. 

€hap. 63.— an act to provide for the muster and pay of certain otacers and enlisted men 

of the volunteer forces. 

Be it enacted hy the Senate and Hou?e of Representatives of the United States of 
America in Co7igress assembled, That the joint resolution approved July eleventh, 
eighteen hundred and seventy, entitled "Joint resolution amendatory of joint 
resolution for the relit f of certain officers of the Army," approved July twenty- 
sixth, eighteen hundred and sixty-six, is hereby so amended and shall be so 
construed that in all cases arising under the same any person who was duly ap 
pointed and commissioned, whether his commission was actually received by 
him or not, shall be considered as commissioned to the grade therein named 
from the date when his commission was actuary issued by competent authority, 
and shall be entitled to all pay and emoluments as if actually mustered at such 
date: Provided, That at the date of his commission he was actually performing 
the duties of the grade to which he was so commissioned, or, if not so perform- 
ing such duties, then from such time after the date of his commission as he may 
have actually entered upon such duties; And provided further, That any person 
held as prisoner of war, or who may have been absent by ret" son of -vrounds or 
in hospital by reason of disability received in the service in the line of dut- , at 
the date of his commission, if a vacancy existed for him in the grade to which 
so commissioned, shall be ent'iiled to the seme pay and emoluments as if actually 
performing the duties of the grade to which he was commissioned and actually 
mustered at such date: And provided further. That this act and the resolution 
hereby amended shall be construed to apply only in those cases where the com- 
mission bears date prior to June twentieth, eighteen hundred and sixty-three, 
or after that date when their commands were not below the minimum number 
required by existing laws and regulations: And provided further , That the pay 
and allowance actually received shall be deducted from the sums to be paid 
under this act. 

Sec. 2. That the heirs or legal representatives of any officer whose muster 
into the service has been or shall be amended hereby shall be entitled to receive 
the arrears of pay due such officer, and the persion, if -any, authorized by law, 
for the grade into which such officer is mustered under the provisions of this act. 

Sec. 3. That all claims arising under this act shall be presented to and filed 
in the proper Department within three years from and after the passage hereof, 
and all such claims not so presented and filed within said three years shall be 
forever barred, and no allowance ever made thereon. 

Sec. 4. That the pay and allowances of a rank or grade paid to and received 
by any military or naval officer in good faith for services actually performed 
by such officer in such rank or grade during the war of the rebellion shall not 
be charged to or recovered back from such officer because of any defect in the 
title of such officer to the office, rank, or grade in which such services were so 
actually performed. 

Approved, June 3, 1884. 

AN ACT to increase the pensions of widows and dependent relatives of deceased 

soldiers and sailors. 

Bi it enacted hy the Senate and House of Representatives of the United States 
oj America in Congress assembled, That from and after the passage of this act 



72 

the rate of pension for widows, minor children, aad dependent relatives now 
on the pension roll, or hereafter to be placed on tne pension roll, and entitled 
to receive a less rate than hereinafter provided, shall be twelve dollars per 
month : and nothing herein shall be -construed to affect the existing allowance of 
two dolars per month for each child under the age of sixteen years : Provided, 
That this act shall apply only to widows who were married to the deceased 
soldier or sailor prior to its passage and to those who may hereafter marry 
prior to or during the service of the soldier or sailor. And all acts or parts of 
acts inconsistent with the provisions of this act are hereby rep?>aled. 

Sec. 2. That no claim agent or attorney shall be recognized in the adjudica- 
tion of claims under this act, nor shall any such person be entitled to receive 
any compensation whatever for services or pretended services in making ap- 
plications thereunder. 

Approved, March 19, 1886. 



AN ACT to remove the charg-e of desertion from the rolls and records in the office of the 
Adjutant-General of the Army asrainst certain soldiers- 

Be it enacted by the Senate and House of Representatives of the Unitei States of 
America in Congress assernoled. That the cbarge of desertion now standing on 
the rolls and records in the Office cf the Adjutant-General of the Army agamst 
any soldier who served in the late war of the rebellion, by re i son of his having 
enlisted in anv regiment, troop, or company without having first received a 
discharge from the regiment, troop, or company in which he had previously 
served, shall be removed in all cases wherein it shall be m.ade to appear to the 
satisfaction of the Secretary of War, from such rolls and records or from other 
satisfactory testimony, that such re-cnlistment was not maile for the purpose of 
securing bounty or other gratuity that he would not have been entitled to had 
he remained under his original term of enlistment : Provided, That no soldier 
shall be relieve,d under this act who, not being sick or wounded, left his com- 
mand, without proper authority, while the same was in the presence of the 
enemy, or who, at the time of leaving his commau'l, was in arrester under 
charges, or in whose case the period of absence from the service exceeded three 
months. 

Sec 2 That in all cases where the charge of desertion shall be removed under 
the provisions of this act, the Adjutant-General of the Army shall issue to such 
soldier, or in case of his death, to his heirs or legal representatives, a certificate 
of discharge from the regiment, troop, or company in which he first served. 

Sec. 3. That all applications for relief under this act shall be made, to and 
filed with the '-'ecretary of War within a period of five years from and after its 
passage, and all applications not so made and filed within such period of five 
years shall not be received or considered; and all acts and parts of acts incon- 
sistent with the provisions of this act are hereby repealed. 

Approved, May 17, 1886. 



AN ACT to amend the pension laws hy increasing: the pansion of soldiers and sailors who 
have lost an arm or leg in the service. 

Be it enactedhy the Senate and House of Representatives of the United States of 
America in Congress assembled, That from and after the passage of this act all 
persons on the pension-rolls, and all persons hereafter granted a pension, who, 
while in the military or naval service of the United States and in the line of duty, 
shall have lost one hand or one foot, or been totally disabled in the same, shall 
receive a pension of thirty dollars per month; that all persons now on the pen- 
sion-rolls, and all persons hereafter granted a pension, who in like manner shall 
have lost either an arm at or above the elbow or a leg at or above the knee, or 
been totally disabled in the same, shall receive a pension of thirty- six dollars per 
month; and that all persons now on the pension-rolls, and all persons hereafter 
granted a pension, who in like manner shall have lost either an arm at the- 
shonlder-joint or a leg at the hip joint, or so near the joint as to prevent the use 
of an artificial limb, shall receive a pension at the rate of forty-five dollars per 
month; Provided, That nothing contained in this act shall be construed to repeal 



73 

section foity-six hundred and ninety -nine of the Revised Statutes of the TTnited 
states, or to change the rate of eighteen dollars per month therein mentioned to 
be proportionately divided for any degree of disability established for which 
section forty-six hundred and ninety-five makes no provision. 
Approved, August 4, 1886. 



THE GENERAL LAND OFFICE. 



RIGHTS OF CITIZENS AND OTHERS IN THE PUBLIC DO^AIN- 
HOW TITLES MAY BE ACQUIRED AND LOST—HOMESTEADS, 
PRE-EMPTIONS, SOLDIERS' CLAIMS, TIMBER CULTURE, DE- 
SERT LANDS, ETC.— RULES OF PROCEDURE. 



Uncle Sam is, or perhaps was, one of the greatest land-owners 
on the globe. Unlike some other land-owners, his anxiety has 
been to sell or give land to everybody who would settle upon 
and improve it. This generosity attracted the tribe of greedy 
land-sharks^ eager to defraud the Government, or the honest 
settler. Hence there exists the elaborate land system of the 
United States, which occupies one of the largest bureaus of the 
Interior Department, and employs officers and special agents in 
almost all parts of the country. 

The following pages present an outline of the most important 
laws and Department rulings in reference to such Government 
land as can be acquired by an individual through purchase or 
settlement. These laws were intended to be for the good of 
the greatest number, and wherever they seem strict or intricate, 
it will generally be found that it was necessary to provide safe- 
guards against abuse. 



OFFICIAL CIRCULAR^ 

In Reference to the Manner of Acquiring Title to the Public Lands. 



DEPARTMENT OF THE INTERIOR, 
Genebal Land Office, 
Washington, D. C. 

The public lands of the United States are included within the States of Ala- 
bama, Arkansas, California, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, 
Louisiana, Michigan, Minnesota, Mississippi, 3Iissouri, Nebraska, Nevada, 
Ohio, Oregon, T\ isconsin, and the Territories of Arizona, Dakota, Idaho, Mon- 
tana, New Mexico, Utah, Washington and Wyoming. In Ohio, Indiana, and 
Illinois a very few isolated tracts of public land remain. 

These States and Territories — with the exception of the three last mentioned— 
are divided into land districts, in each of which there is a land office established 
by law, with a Register and a Receiver in attendance for the sale or other dis- 
posal of the public lands within that district. (For duties of Register and Re- 
ceiver, see sections 2334 to 2247 of the Revised Statutes of the United States.) 

Any proper information regarding vacant public lands may be obtained by 
application at any of these lan^ offices. 



75 

ACQUISITION OF TITLE. 

Title to public lands may be acquired bv purchase at public sale, or by ordi- 
nary private entry, and by virtue of the pre-emption, homestead, timber-culture, 
and other laws. 

Lands may be purchased at public auction by the highest bidder when offered 
pursua t to proclamation of the President, or under public notice in accordance 
with directions from the General Land Office. (Rev. Stat., Sees. 2353, 2357, 
2358, 2359 2360, 2455. ) 

Lands which, having been offered at public sale, remain unsold, if not after- 
ward reserved or withdrawn from market, are liable to private entry or loca- 
tion. (Rev. Stat., 2354, 2357.) 

No land ?hall be sold, either at public or private sale, at less than one dollar 
and twenty-five cents per acre, which is Therefore called the '^minimum price;" 
and lands held for s le at that price are called '* miiiimum lands." (Rev. Stat., 
2357.) 

W hen one half the public lands within a prescribed distance along the line of 
any railroad, military road, or other work of internal improvement have been 
granted to aid in the construction thereof, the alternate sections reserved to the 
United States are, under the provisions of the granting acts and other statutes, 
doubled in price and held for sale at two dollars and tifty cents per acre, which 
is therefore called the " dMuhle-iTixvimivim. price; " and such lands are called ''dou- 
ble-)ni)iimum lands." (Rev. Stat., 2357.) 

All lands which were put in market at the enhanced (double-minimum) price 
prior to the 1st of -Tauuary, 1861, were, by the third section of the act of Con- 
gress of June 15, 1880, reduced in price to !*1.25 per acre. They are not, how- 
ever, subjeit to private entry at the reduced price until again offered at public 
sale. (21 Stat. 237; Eldred v. Sexton, 19 Wallace, Rep.) 

Any person desiring to purchase a portion of the public land for cash must 
present a written application to the register for the district in which the land de- 
scribed is situated, describing the tract and giving its area. If the tract is vacant, 
the register will so certify to the receiver, stating the price, and the applicant 
must pay to the latter the amount of the purchase-money. Thereupon the re- 
ceiver will issue his receipt in duplicate to tlie purchaser for the money paid. 
The register will then issue his certificate of purchase. 

At tire close of the month the register and receiver will make returns of the 
sale to the (ieueral Land '.Office, from which, when the proceedings are found 
regular, a patent oi complete title will be issued; and on surrender of the dupli- 
cate receipt such patent will be delivered, at the option of the patentee, either 
by the Commissioner at Washington, or by the reiiister at the district land office. 
(Rev. Slat., Sees. 2245, 2355, 2356.) 

CASH rURCH.\SE BY TI.ArBER TRESPASSEES. 

In addition to the foregoing in reference to purchase at public offering and 
purchase or location at ordinary private entry, it is to be noted that the first sec 
tion oC the act of Congress of June 15, 1880 (21 Stat , 237;i having reference to 
cases of timber trespasses upon the public lands commi-ted prior to March 1, 
1879, extends to such trespassers the privilege of paying for the land upon which 
the offenses were so committed at the price per acre for which, under the law in 
force at date of payment, the lands could be sold. This privilege of purchase 
is not confined to lands subject to private entry, but extends to any lands, not 
mineral, subject to disposal under general existing laws. 

This section cannot be construed to permit a party who falls within the class 
of ofl'enders named to euter the land if the valid claim of another person shall 
have attached prior to his application to purchase and be still subsisting. 

Where lands are plainly subject to ordinary private entry, no special applica- 
tion to purchase, other than the usual application in cases of private entry, is 
required in order to enable the purchaser to avail himself of the benefits of this 
act. When lands are not plainly subject to ordinary private entry, and applica- 
tion to purchase the same shall be made with a view to securing the immunity 
contemplated by said first section, the disaict officers will require the application 
lo be presented under oath of the applicant, giving a full and detailed statement 
of all the facts upon which he base^ his claim to purchase. Such sworn state- 
ment must be corroborated by the affidavits nf credible witnesses, and the officers 



76 

will thereupon forward a-l the papers in a specia'' le te^ to the General Land Of- 
fice, and await instructions before admitting an entry. Entries allowed will be 
included in the regular cash returns and accounts, the papers being issued as 
usual in cash entries, on which will be made a note referring to the statute and 
to the Commissioner's letter authoriiing the same. 

WARRANT LOCATIONS. 

Warrants issued to soldiers of the United States as a bounty for military 
services may be locattd upon any public land subject to private entry at the 
time of such location, application being made the same as if cssh were to be 
paid as the c nsidertition for the land. The warrant must be duly assigned. 
The amount of land called for by the warrant must be located in a compact 
body. (Rev Stat., 2414, 2415.) 

(Bounty warrants were not issued to soldiers and sailors for military services 
in the late civil war. The only privileges granted thea; in connection with the 
public lands will be found set forth hereafter, under the head "Homestead 
Entries," The bounties for military services in tbeglast war were not given in 
land, but in money, i 

Military bounty warrants are not located upon any public Ijnds except such 
as are at the time of location subject to sale at the minimum price or one dollar 
and a quarter per acre (section 5 of act of .March 3 l8o5; 10. Stats., 702. ) There- 
fore, where the holder of a warrant wishes to obtain land subject to double 
minimum price he must furnish a wa rant -jf such denomination as wi 1, at the 
va'ue of >$l.:i5 per acre, over the rated price of the land, or h^^ must pay one 
dohar and a quarter per acre-in addition t ; tae >urreudered warrant. For ex- 
ample: a tract of forty acres of land held at $2.50 per acre can be paid for with 
an eighty- acre warrant, o" with a forty acre w rrant and fifty ddlar,; in cash. 

If there is a small excess in the area of the tra t over thi' quantity culled for on 
the face of the warrant in a^^y case, such exces^^ may be paid for in money. 
If the tract contains a less number of acres, rated ^-.t §1.25 [jcr acre, the warrant 
must be surrendered m full sati faction. (Rev. Stat., Sec, 2415.) 

The folio ving fees are changeable by the land offic rs, under section 2238 of 
the Re^i ed Statutes, for their services in the location ol lai.d warrants, and 
the several amounts must bejjai'i at the time of location : 

For a 40-acre warrart, 5'' cents each to the register and receiver; total. . $1 00 

Fox- a 6 '-aer wai-rfint, '.5 ceois f ach to ihe re-ister and r c e ver; total 1 50 

F r an 8'.)-a:re warrant, *1 each to the regisLcr and receiver; total 3 CO 

For a 120 acre warrant, $1.5) each to the reg-ister and reciver; t tal , 3 00 

For a J60-acre warrant, ^^2 <. ach to the r g-ister and rec eiver; total 4 00 

AGRICULTURAL COLLEGE SCRIP LOCATIONS. 

AgricuHural College scrip is ued under act of July 2, 1861, (13 Stat., 503,) 
and March 3, 1883, (22 Stat., 484), may be used— 

Fir-t. In the location of land at "pricate entry;'' but when so used is ap- 
plicable only to lands not mineral which may be subject to private entry at 
$1.25 per acre, and is restricted to^ a technical ''quarter section,"— thait is, land 
embraced by the quarter- section lines indicated on the official plat' of survey; 
or it may be located on a. part of a "qu irter sectio'j," where such part is taken 
as in full for a quarter; but it cannot be applied to diff ere ot subdivisions to 
make an area equivalent to a quarter section. 'J he manner of proceeding to 
acquire title with this c ass of paper is the same as in cash and warrant cases, 
the fees to be paid being the same as on warrants. The location of this scrip 
at private entry is restricted to three sections in each townsMp^ of land, and one 
million. acres in any one Hate. (15 Stat., 227.) 

Second. In payment of pre-emption claims, in the same manner and tinder 
the same ru'es and regulation? as govern the application to pre-emptions of 
military land warrants ; this, too, without regard to the limitation as to the 
quantity located in a township or in any Si ate. 

Third. In payment for homesteads commuted under section 2301 of the Re- 
vised Statutes of the Umt':d States. (Rev. Stat., Sec. 2278.) 



77. 

THE RIGHT OF PRE-EMPTION. 

Pre-emption right is the right of a resident upon public land to the purchase, 
wiihin a given period, of a limited quanti y thereof, in preference to other ap- 
plicants, in consideration o° prior settlement and improvement. 

Heads of families, wic'ows, or single persons over the age of twenty-one, who 
are citizens of the Uuited State?, or who Lave declared the r intention to become 
citizens, as required by the naturalization laws, may make claim by pre-emption to 
the extent of one quirter-stction, or on; hundred and sixty acres of "offered" 
or "unoff.rtd" lands, or of any of the unsurveyed lands belonging to the 
United States to which the Indian title is extinguished. (Rev. Stat., Sees. 2257 
to 2288.) 

A person is not a qualified pre-emptor who has removed from land of his own 
•^ to reside on public 1 lud in the 8ame State or Territory, or who is the owner of 
three hundred aijd twenty acres of land in any State or Territory, 

The price of land to a pre-emptor upon '* u:inimi,im " lands i e., lands not 
within the limits of a grant to a railroad or some other work on internal im- 
provement—is one dollar and a quarter per acre. Within the limits of such 
gr:nt the price is two dol'ar.^. and a half per acre ; but settlers, prior to with- 
drawal, are allowed to enter at a dollar and a quarter per acre, provided they 
shall file notice of tbeir claims and make proof and payment as in other cases. 
(Rev. Stat., Sees. 225T. 2-59, 2279, 2281.) 

When t e tract i-^ " offered " land, the pa-ty must file with the district land 
offic* his decla atorr statement as to the fact of his settlement within thirty days 
from the date of said sett':(^ment, and within one year from date of Stttleme'^rt 
must appear before the register and receiver and make proof of his actual resi- 
dence on, and cu tivation o', the trtict, and secure the same by paying cash, or 
locating thereon military bounty land- warrant:, or agricultural college scrip, ac- 
cording to law ; or pdvate claim scrip mav now be used, under act of Cono-ress 
cf anuary 28, 1879. (20 tut., 274.) 

Wht. re the tract has been survey! d and ;^6>^ ojfcrc^fZ at public sale, the claim- 
^ant must file his declaratory statement within three months from date o*" settle- 
ment, and make proof and f^aym nt within thirty months after the expiration of 
the three months ifi'owed for filing his declaratory notice, or, in other words, 
within thirty-three months from date of settlement. 

Wljen settlem nts a-'e made on unsurveyed lands, no definite proceedings can 
be had as to th completion of the lit'e until the -urveys are extended over the 
lands and ouicia'lj' retured'to the distr ct land office. Within three months 
after the date of the receipt at the district land office of the approved plat of the 
township enib acing tuei ■ claims, settlors are required to file their declarator}^ 
statements with the register, and within thirty months : rom the expiraiion of 
said threi months to make proof and payment for thi tract. 

A filing w.tbout actual settlement is illegal, and no rights are acquired thereby. 

The existe ce o' a pre-enn tion tiling on a tract of land doss rot prevent an- 
other filing for the same land, subject to any valid rights acquired by virtue of 
any former filing and f-ettlement. 

Pre emptioa fidngs mav be reliaquished by the claimants, in writing, filed 
with the register and receiver of the proper district land office, or the relinquish- 
ment may be ex cuted by the C'ai nant oa th-; back of the decliratory statement 
receipt. Notice of such reliaqui-h meat should be promptly forwarded by the 
register to the Commissioner of the General Land Office for his information. 

The second filing of a declaratory stat -.me at by any pre emptor who was quali- 
fied at the date of his first filing is illegal. (Sec. 2261, Rev. Stat., Baldwin v. 
^ Stark, 107 U. S.,463; also Secretary'.^ decision of February 27, 1884, case of 
Raymond, 10 Copp, H95.) Where the fi st filing was illegal from any cause not 
the willful act of the p trty, he has the right to make a second and legal filing. 

When two or more settle -s on ur surveyed land are found upon survey to be 
residing upo'% or to have valuable i uprovements upon, the same sm2,llest 
legal subdivision, they m >y make joint entcy of slich tr-act, and separate entries 
of the residuj of their cl ims. This joint entry may be made in pursuance of 
contract b tween the parties, or without it- (F<ev. Stat., Sec. 2374.) 

A settler desiring to make final proof of having complied with the provisions 
of the pre-emption lawinre-pect to residence and cultivation, must first file with 
the register of the proper land offi:e a written notice of his intention to do so 



78 

(20 Stat , 472). Such notice mufet describe the land claimed, and the claimant 
must give the names and residences of the witnesses by whom the necessary- 
facts as to settlement, residence, caltivation, etc , are to be established. 

The filing of such notice must be accompanied by a deposit of sufficient money 
to pay the cost of publishing the notice to be given by the regi-ter. 

Upon the filing of the notice by the applicant, the register shall publish a no- 
tice that such applicaticn has been made, once each week for a period of thirty 
days, in a newspaper wh:ch he shall designate, by an order written on said ap- 
plication, as rubii^hed nearest the land described'in the application, and he shall 
also post said notice in some conspicuous place in his ofiice for the same period. 
If published in a weekly paper, a compliance with the law will require the no- 
tice to be published six times, as there must be thirty days between the first and 
lar^t publications^ 

The notice to be given by the register must state that application to make final 
proof has been filed; the name of the applicant; the kind of entry, whether 
homestead or pre-emption ; a description of the land, and the names and resi- 
dences of the witnesses as stated in the application. 

To save expense, the register may embrace two or more cases in one publica- 
tion, whtn it can be done consistently with the legal requirements of publication, 
in a newspaper published nearest the land. 

When proof is filed that notice has been given in the manner and for the time 
required by law, ti e applicant will be entitled to make final proof. 

The proof that requisite notice has been given will be the certificate of the 
rCviister that the notice of t e application (a copy of which should be annexed 
to the certificate) was posted by him in a conspicuous place in his office for a 
period of thirty days, and the affidavit of the publisher or foreman of the 
newspaper that the notice (a copy of which notice must be annexed to the affi- 
davit) was published in said newspaper once each week for six successive weeks, 
or for thirty days in a dai]y paper, as the case may be. 

The proof of the publication and posting of the notice must be filed and pre- 
served by the register, to be forwarded to the General Land Office with the final 
papers when issued. 

In making final proof the pre-emptor should appear in pcscn at the district 
office, or before the clerk of the county court or of any court cf record of the 
count3^'and State, or district and Territory, in Avhich the land is situated, and 
make the affidavit prescribed. (Rev. Stat., Sec. 2262; 21 Star., 169.) 

If such affidavit is made before a clerk it must be duly authenticated by the 
seal of the court and tr.msmittrd to the register and rectiver, together with the 
fees and charges allowed.by law. 

If the land in any c.ise is iirituaied in an unorganized county, such affidavit 
may be made in the m.nuer ind'cat'd, in any adjacent county in the ^tate or 
Ten-itory. The J act that he county in which \he land lies is unorganized, and 
that the county in which the pi oof is made is adjacent thereto, must be certified 
by the offict-r. 

Final proof, in addition to the affidavit, mu-t consi t of the testimony of the 
claimant, corroborated by th; t of at lea.st two witnesses, taken separately, to the 
facts cocstiti.it ng his qualificntions, aod his c anpliance with 'aw as to settle- 
ment, inh.bitancy, improveaient, non-alienations, etc. .Rev. ^tat., Si c. 2263.) 

ShouM a p e-emptor die withf>ut t stablishing his caim within the period lim- 
ited by 1 w, the title may be perfected by the executor, admini t;ator, or one of 
the heirs, by making the requisite proof of settlem* nt and payitig for the land, 
the entry to be made in the i ame of '• the heirs " of the dtceas d settler, and the 
patent wil be iss led accorc ingiy. Th- legal r.presenatives of the deceased 
pre-emptor are entitled to make the entry at ;.n\ time within the p- riod during 
which the pre-emptor would have been entitled to do so had he lived (Rev. 
Stat. Sec. 2269.) 

The applicant may make the lequired affidaA-it before th regist r and receiv- 
er, or be ore the judge or chrk of any court of record of the cou ty and State, or 
district and Tenitory, in which the land is ntuattd ; or if that be an unorgan- 
ized county, he may make such affidavit in a sim lar manner in any adjacent 
county in the State oi Ttrritory. (21 Stat., 169. ) 

Any person sweaiing fa\sc]j forfeits all righ's to the land and to the purchase 
money paid besides being liable to pro ecu ion under the ciimlnal law: of the 
United Sta es. 



79 

The applicant must in every case state in his application his place of actual 
residence and his post-office address, in order that notices of contest or other 
proceedings relative to his fntry may be stnt him. 

Applications to amend filings or entries should be filed with the register and 
receiver, and be by them transmitted for the consideration of the Commissioner 
of the General Land Office. Eegisttrs and receivers will not change an entry 
or filing so as to describe another tract, or change a date, after the same has 
be n recorded. 

The lights of > pre-empt'on claimant who hss become insane may, under act 
of June S, 1880, be proved up, and his claim p rfected, by any person duly au- 
thorized to act for him during his disability. (21 Stat., 166. ) 

The party for whc se benefit the act shall be invoked must have become in- 
sane subsequently to the initiation of his claim. 

Claimant must have complied with the law up to the time of becoming insane; 
and pro f of compl ance will be required to cover only the period prior to such 
insanity; but the act will not be construed to cure a failure to comply with the 
law wheu the failure occurred prior to such insanity. 

' The fimd proof must be made by a party whose authority to act for the in- 
sane person during his disability shall be duly certified under seal of the proper 
probate court. 

SUFFERERS FROM GRASSHOPPERS. 

The first section of the act of July 1, 1879, 'for the relief of settlers on the 
pu'iic lands in di-tricts subject to grasshopper incursions." provided that pre- 
emption sett ers on public lands where cvc p-s have been destroyed cr seriously 
injured by grasshoppers may leave and be absent from said lands for a period 
not to excee.! one year c. ntiLu^ usiy under such rules and regulations as the 
Commissioaer of the General Laud Office shall prescribe:', b' ing' allowed after 
ward to resume and perftct their se'tlt-ment as though no such absecce had 
occurre . Thy second section provided that tiie tim- for making final proof 
and payment by pre-emptors ^^rhose crops had been destroyed or injured as 
aforesaid might, at the discretion of the Commissioner, be extenaed for one 
year, i 21 Stat. .. 48. ) 

The proof lequired iji the first section of said act should cor sist of the affidavit' 
of the claimant, giving the paticulars of the alleged destruction or serious in- 
jury of crops by grasshoppers, and the affidavits (f two or more witresses 
corroborative hereof, and should be .submitted at time of making final proof 
through tbe register and receiver of the proper distil* tland office, rhe particu- 
lars L iv' n should be such as to adm't of a d cisirn whether the absence was 
jus ified by law or i <,)t and should indicate at what time ihe party left the land 
and when be resumed his settlement. 

A settler desinog to takj advantage of the provision? of this act should file 
with the r gi>ter and receiver a written noti e of interded absence, bearing his 
own signature, and embracing a statement that he had sustained loss or failure 
of his c ops. This should be n^ ted on the tract book^, for the protection of the 
claim- nt and the information of parties who might othtr^vise make settlement 
and attemp' t' obtain tirJe. 

Settlors desiring 'he extension of time provided for in the second sec ion of 
the act siiould apply therefor through the iame office. f, the application to be 
support d by the same character of proof. 

The affidavits it quired in cases ari-ing under said act should b'^ made before 
the regist' r or lecriver of the distri' t land office, or b.fore any officer using a 
' seal and authoriz d to ada.ini*rter oaths. 

DROUGHT IN KANSAS AND NEBRASKA IN 1879 OR 1880. 

The act of Juce 4, 1880, "for the relief of certain homestead and pre-emption 
settlers in Kansas and Nebraska," provided that pie-emption settlers on the 
public lands, or pre-emption settlers upon Indian reservations, in the States of 
Kansas and Nebraska west of'thesixh jrincip'-l m.eridian, where there wa? a 
loss or falure of crops from unavoidable cau^e in the year 1879 or 1880, might 
leave and be absent from said lands until the first day of October, 1881, under 
such rules and regulations as to proof and notice as the Commis.ioter of the 



80 

General Land Office might prescribe— sucli settlers being allowed to resume and 
perfect their settlements as though no such absence had cccurred ; and the time 
for making final proof and payment by such pre emptois was extended for one 
year. In cases where the purchase money was by law payable in installments, 
the first unpaid innstallment was held not to be due until one year after the ex- 
piration of the leave of absence aforesaid. (21 Stat., 543.) 

The lands to which the provisions of this act applied included all the districts 
except Topeka and Independence, in Kansas; and all the districts in Nebraska. 
Land lj> ing east of the one hundreth meridian in any one of these districts 
does not come within the provisions of this act. 

Pending cases will be adjudicated under the original instructions, which 
were as follows: 

The settler desiring to leave his claim under this act should file with the register and 
receiver of the proper district land office a written notice of his intention to do so, bear- 
ing his signature, and emliracing a statement that he has sustained a loss or failure of 
his crops in 1879 or 1880, this being necessary for his own i^rotection, and as notice due 
parties who might otherwise initiate claims to the land. 

At date of final proof by any party vrho shall have availed himself of this act he must 
show by satisfactory projf the period of absence, and specific facts making appear the 
loss or failure of crops from unavoidable cause in 187^ or 18S0, on account o.' which he was 
entitled to its benefits. The proof should consist of the party's own testimony, corro- 
borated by that of two or more disinterested witnesses. 

After a party shall have filed the notice of intended ab ence under this act, no contest 
involving his ri^ht to the land can b'^ instituted prior to the expiration of the legal term 
of absence tc which he is entitled. If the party should be fraudulently absei t, it will be 
a matter of investigation in the regular manner thereafter. All notices filed will be 
duy eutered on the records of the district offlce, and reported with the final proof made 
in the case 



THE HOMESTEAD PRIVILEGE. 

The homestead privilege is the right granted to actual settlers upon public 
lands, under certain restrictions as to aclual qualifications, and upon compliarce 
wiih prescribed conditions as to residence, cultivation, and improvements, to 
receive a patent for a limited quantity, not exceeding one hundred and six^y 
acres, without payment except the entry fee required by law. 

To obtain a homestead the party must, in coDnection with his application 
make an affidavit before the register and receiver that he is over the age of 
twenty-one or ihe heail of a family; that he is a citizen of the United Slates, or 
has declared his intention to become such; and that the entry is made for his 
exclusive uso and benefit, and for actual settlement and culnvatioft; and must 
pay the legal fee and that part of the commissions which is payable when the 
entry is made. 

Where a wife has been divorced from or deserted by her husband, so that she 
is dependent upon her own resources for support, if in fact the head of a family 
she can make homestead entry as such. 

Where the applicant or some member of his family is residing uprn, and has 
made actual settlement on and improvement of the land he desires to enter, but 
is prevented by reason of bodily infirmity, distance, or other good cause, from 
personal atendance at the district land offi'^e, the affidavit may be ma"e before 
the clerk of the court for the couuty within which the lani is situated. (,Rev. 
Stat., 2294.) 

In such cases the applicant must state in a supplemental affidavit the facts of 
such settlement, improvement, and resi lence ; what acts of settlement have 
been performed, and when made ; the nature, extent, and value of the impiove- 
ments ; what member or members of his family are residing on the land, and 
the length of time such resi ence has been maintained, and the cause, specifi- 
cally, why the applicant cannot appear at the local office. 

A person in active service in the Army or Navy of the United Sm^es, whose 
family or some member thereof is residing on the laud which he wishes to en- 
ter, and upon which a bona fide settlement andMrnprovement has been made by 
them, may m ike the affl lavit required by law before the officer commanding in 
the branch of service in which the appli cant is engaged. ( Rev. Stat., 2293. ) 

The applicant must in every Case state in his application his place of actual 
residence, and his post-office address, in o rder that notices of contest or other 
proceedings relative to his entry may be sent him. 

A homestead settler on unsurveyed public land not yet open to entry must 



81 

make entiy within three months after the filing of the township plat of survey 
in the district land office. (21 Stat., 140.) 

In cases of simultaneous applications to enter the same tract of land under 
the homestead laws, the rule is as follows : 

FiiSt. Where neither party has improvements on the land, the right of entry 
shouU be awarded to the highest bidder". 

Second. Where one has actual settlement and improvement and the other has 
not, it should be awarded to the actual settler. 

Third. Where both allege settlement and improvements, an investigation must 
be had and the right of entry awarded to the one who shows prior actual settle- 
ment and substantial improvements so as 1 3 be notice on the ground to any com- 
petitor. (Report of General Land Office for 1886, p 19 ; also case of Halfrich 
ojs King, 3 Copp, L. O., p. 164 ) 

The commissiocs and fees for homestead entries in Michigan, Wisconsin, 
Minnesota, Iowa, Missouri, Nebraska, Kansas, Dakota, Alabama, Mississippi, 
Louisiana, Arkansas, and Florida (also in Ohio, Indiana, and Illinois, if any 
vacant tracts should be found liable to entry in those States), are as follows : 
(Rev. Stat., 2238.) 





Price per 
acre. 


Commissions. 


Fees. 


Acres. 


Payable lolien entry 
is 7nade. 


Payatile wheii certi- 
Jicate issues. 


Payable when entry- 
is male. 


160 

80 

40 

160 

80 

40 


$2 50 
2 50 
2 50 
I 25 
1 25 
1 25 


$3 00 
4 (0 
2 00 
4 CO 
2 00 
1 00 


$8 00 
4 00 
2 On 
4 00 
2 00 
100 


lie 00 

5 00 
5 00 
10 00 
5 lO 
5 (.'0 



In the States and Territories on the Pacific slope and adjacent thereto — to wit, 
in California, Oregon, Washington, Idaho, Nevada, Utah, Arizona, New Mex- 
i(iO, Colorado, Wyoming, and Montana— the commissions and fees are fifty per 
cent, higher. (Rev. Stat., Sec. 2238, paragraph 12.) 

On compli -nee by the party with the foregoing requirements, the receiver 
will issue his receipt for the fee and that part of the commissions p.3id, a dupli- 
cate of which he will deliver to the party. The matter w 11 then be entered on 
the records of the district office and reported lo the General Land ■ ffice. 

An inceptive right is vested in the se tier by the p oceedings hereinbefore de- 
scribed. He must, vrithin six months after making his entry, establish his actual 
Tes!'"ience, in a house, upon thS land, and must reside upon and cultivate the 
land continuously, in accordance with law, for the term of five years. 

At the '-expiration of that ume, or within two years thereafter, upon proper 
proof to the satisfaction of the land officers, and pa- ment to the receiver of that 
part of the commissions remaining to be pu i, the receiver will issue his receipt 
^therefor, and the register will issue certificate, and make proper returns to the 
General Land Office'as the basis of a patent or complete tiile to the homestead. 

Thti period of continuous residence and cultivation begins to run at the date 
of actual settlement, in case the entry at the district land office is made within 
the prescribed p ricd (three months thereafter. (21 Stat., 141.) 

In grazing districts, stock-raising and dairy production are so nearly akin to 
agricultural pursuits as to jus ify the allowance of entry upon proof of perma- 
nent settlement and the use of the land for such purposes. 

Homestead claimants, equally with pre-emptors, may avail themselves of the 
provisions of the law extending the time of settlement in regions that have 
suffered from drought or the devastations of grasshoppers. 

Where a homestead claimant was absent under the provisions of these acts, 
th e time of making final proof was not thereby extended (the proviso in respect 
to extension of time being limited in its application to pre-emptors). 

CLIMATIC HINDRANCES. 



The proviso annexed to section 2297, Rev. Stats., by amendatory act of March 
5, 1831 (21 Stat , oil ;) which appHes only to homestead settlers, provides that 



82 

in case suc'i settler has bein preventsd by climatic , reasons fr3m es^ablisliing- 
actual residenc3 upon his liomestead within six months from date of entry, the 
Commissioner of the General Land Office may, in his discretion, allow him 
twelve mmths from that date in which to commence his residence. 

In such case the settler must, on final proof, file with th'e register and receiver 
his affidavit, duly corroborated by two crediole witnesses, setting forth in detail 
the storms, floods, blockades by snow or ice, or other hindrances dependent upDn 
climatic causes which rendered it impossible for him to commence residence 
within six months. A claimant cannot be allowed twelve months for entry 
when it can be shown that he might havd established his residence on the land 
at an earlier diy ; and a failure to show that he exercised proper diligence in so> 
doing as soon as possible after the climatic hindrances disappeared will imperil 
his entry in case of a contest. 

FINAL PROOF. 

A settler desiring to make final proof of having complied with the provisions 
of the homestead law in re>pect to residence and cultivation, must file with the 
register of the proper land office a written notice of his intention to do so (20 Stat. ^ 
472 ;) to b3 followed by publication of the same in 'ome newspaper to be desig- 
nated by the register — such notice and pub-ication to be substantially in accord- 
ance with the directions relative to notice and publication in the case of pre- 
emption entry. 

In making final proof the homestead party should appear in person with at 
least two witnesses, at the district office, <^r, under act of March 3, 1877 (19 Stat., 
403) before the judge of a court of record of the county and State, or district 
and Territory, in which the land is situated, and -here he and his witnesses 
must make the affidavits ; nd final proof prescribed. 

If such proof is taken before a judge or c erk, it must be duly authenticated 
by the seal of the court and transmitted to the register and receiver, together 
wVih the fee and charg-s allowed by law. In case'of the absence of the judge, 
the fact of such absence must be certified in the papers by the clerk acting in his 
p^ace. 

As settlers on unsurveyed lands are allowed three months after the filing of 
the township plat of survey within wh'-C'i *o put their claims on record, no final 
proof on homestead or pre-emption entries should be permitted until after the 
espiration of said three months. 

The rights of a homestead claimant who has become insane may be proved 
up, and his c-aim p rfected, in the same manner and under the same restrictions 
as in the cas3 of a pre emption claim nt who becomes insane. 

Where a homestead settler dies before the consummation of his claim, the 
widow, or, in case of her death, the heirs, may continue settlement or cultiva- 
tion, and obtain title upon requisite p-o:'f at 'he p'^oper time. If the widow 
proves up, title passes to her ; if she d'es before pr.wing up and the heirs make 
the proof, the title will vtst in them. (Sec. 2291, Rev. Stat.) 

When both parents die, le .ving inf^.nt children, the homestead may be sold 
for cash for the benefit of such children, and the purchaser will receive title 
from the United States ; or residence and cultivation may continue for the pre- 
scribed period, when the patent will issue to the ch Idien. (Sec. 2292, Rev. 
Stat. ) 

A homestead right canno' be devised away from a widow or minor children. 

In case of the death of a person a'.t rr having entered a homestead, the failure 
of the widow, children, or devisee of the deceased to take up residence on the 
land within six months a^ter the entry, or otherwise to fulfill the demands of 
the letter of the law as t> residtnce,"wiU not necessarily subject the entry to 
forfeiture on the ground of abaadon-nent. If the land is cultivated in good 
faith the law will be considered hs having been substantially complied wi;h. 

CONVERSION OP PRE-EMPTION INTO HOMESTEAD CLAIMS. 

A person who has made sett-ement on a tract and filed his pre-emption decla- 
ration therefor, may change his filing into a homestead if he continues in good 
faith to comp'y with the pre-emption laws until the change is effected ; andtae 
time during which he has rosided upon an J claimed the land as a pre-emptor 
will be credited upon the period cf residence and cultivation r. quired under the 



homesfceal law-^. (20 5tat.,86. ) In his first horn: steai aiS.lavit he must set 
forth the fa:t of a m'ev^ous pre-emption filin;^, the tim3 of actual residence 
thereimde -, nnd th:- inteaf:on to claim the loinent of such time, as provided for 
in the act. In makiog final proof on his h^mesteid entry he is requ-ved, in ad- 
dition to the usual affidavit and proof, to make the prescri ed "pre-emption 
homestead affidavit." 

If a homestead settler does not wish to remain five years on a tract, he may 
pay for it with cash, or warrants, or agricultural college scrip (Rev. Stat., 2301.) 
Or, since the passage of the act of January 28, I87u, (^20 fctat., 274,) payment 
may be made with private claim scrip. 

To entitle him tD the land upon making such payment he must prove actual 
settlement, improvement, and cultivation from the date of entry to the time of 
offering proof — which must be a period of not less than six months; the form 
of pi'oof to correspond with the regular final proof in homestead cases, except 
that the affidavit must be that prescribed. A person commuting a homestead 
entry when he has not actually resided upon the land and improved and culti- 
vated it as required by law, forfeits all right to the land and to the purchase 
money paid, and in addition thereto renders himself liable to criminal prosecu- 
tion. 

ACT OF JUNE 15, 1880. 

A further right of making cash payment for lands originally entered as a 
homestead accrues imder the act of June 15, 1880, (21 Stat., 237,) which allows 
any party who had entered a homestead prior to that date (or any person to 
whom such p rty may have attempted to transfer his right by a^bona fde instru- 
ment in writing) to pay the government price (less the fee and costs) for the 
laLd covered by such entry, provided it was originally subject to entry, and 
provided it had not been subsequently entered by any other person under the 
provisions of law, (Maughn, ^ Copp, 56; Miller ibid., 57; Weaver, ibid., 9; 
Bishop, ibid., 95.) He cannot, however, be permitted to exercise such right so 
as to bar the preferred right of a contestant under ^ct of May 14, 1880, (21 Stat., 
140,) after judgment or forfeiture has become final. (Wright v. Pomeroy, 
December 16, 18S3--Copp's Land Owner, vol. 10, p. 824.) 

In case the original homestead party applies to purchase, if he has lost his 
duplicate receipt, he must make oath that he has not, prior to the passage of 
said act, transferred nor attempted to transfer his homestead rights under said 
entry, and that he has not assigned his right to receive the re-p^yment of the 
fees, commissions, and excess payments paid thereon. The register will certify 
to the receiver the amount to be allowed as credit for fees and commissions 
already paid, the applicant first making oath that said fees and commissions 
h ve not been repaid, and that no application for such re-payment has been 
made. In case he had attempted to transfer his right he may still be permitted 
to purchase, upon filing proof of the consent of the person to whom such trans- 
fer was attempted to be made. 

In case a party to whom a homestead settler has attempted to transfer his 
light desires to take advantage of the act, the register and receiver will require 
the instrument in writing by which it was sought to tr nsfer such homestead 
right to be fi.ed, together with the best evidence att.itiable of the bona fide 
character of the transfer, including the affidavit of the party who seeks to pur- 
chase. 

In ca^.e of doubt as to the propriety of allowing V'e application to purchase, 
they should refer all the papers to the General Land Office, accompanied by an 
expression of their opinion based upon a full recital of the facts. 

The application must be made as in ordinary cash entry, and must be accom- 
panied by the receiver's duplicate homes'ead receipt, or, if ihat has been lost 
or destroyed, by an affidavit setting forth such fact, and giving the register's 
and receiver's number and date of the original homestead entry. It must also 
be st-.ted in the application that the same is made under tiie second section of 
the act of June 15, 1880. 

Entries under said second section will receive current register's and receiv-. 
er's numbers in the regular cash series, and will be r^turned^'in the same man- 
ner as in other cases of cash entry, referring, however, in each instance, on the 
cash abstracts, certificates, and receipts, to the date of the act authorizing the 
entry, the register's and receiver's number of the original homestead applica- 



84 

tion, and the aujount aliowtcl as credit for fees and commissions, as follows : 
"Act June 15, 1880. Original homestead entry No. — . Credit for fees and 
commissions, $ ." 

Final homestead proof not bein^ required in these cases, no advertisement or 
notice of intection to make final proof is necessary, and no final homestead 
fees are to be paid or collected. 

Warrants and scrip made receivable by law for lands subject to sale at pri- 
vate entry, or in commutation of homestead or pre-emption rights, are receiv- 
able for lands purchased under this act. 

Where land purchased under this act is paid for with warrants or scrip there 
would be no claim for re-payment on accourt of the fee and commissions paid 
on the original homestead entry ; and the existing rule mast be observed, that 
where the value of warrants or scrip exceeds that of the lands entered there- 
with no re-payment on account of such excess is authorized, but the warrant or 
scrip api)lied must be fully surrendered. 

The sale of a homestead claim by the settler to another party before comple- 
tion of title vests no title or equities in the purchaser, and is not recognized by 
law, except in the peculiar case last referred to, where the attempted transfer 
took place prior to June 15, 18S0. In making final proof, the settler is by law 
required to swear that no part of the land has been alienated except for church, 
cemetery, or ,ichool purposes, or the right of way of railroad. (Rev. Stat., 
2288.J 

RELINQUISHMENT. 

Homestead claims maybe relinquished in the same manner as pre emption 
claims. In case of the loss of the duplicate receipt an afladavit of such loss 
must accompany the wiitten relinquishment. 

As the law allows but one homestead privilege, a settler relinquishing or 
abandoning his claim cannot thereafter make a second entry ; although where 
the entry is canceled as invalid for some reason other than abandonment, and 
not the willful act of the party, he is not thereby debarred from entering again, 
if in other respecrs entitled, and may have the fee and commissions paid on the 
canceled entry ri funded, on proper application under the act of June 16, 1880. 

Where a party makes a selection of land for a homestead, he must, as a general 
rule, abide by Lis choice. If he has negl< cted to examine the character of the 
land prior to entry and it proves to be infertile or otherwise unsatisfactory, he 
must suffer the consequences of his own neglect. 

In some cases, however, where obstacles which could not have been foreseen, 
and which render it imv.racticable to cultivate the land, are discovered subse- 
quently to entry (i^uch as tlie impossibility of obtaining wa er by digging wells 
or otherwise), or where, subseQuentiy to tntry, and through no fault of the 
hom, steader, the land becomes useless for agricultural purposes (as where by 
the deposit of " tailings " ia the channel of a stream a dam is formed, causing 
the waters to overflow , the entry may, in the discretion of the Commissioner 
of the General Land Office, be canceled and a second entry allowed. But in 
the event of a new entry, the party will be required to show the same compli- 
ance with law in connection therewith as though he had not made a previous 
€ntry, and must pay the proper fees and commissii.. ns upon the same. 

Where application is made to contest the validity of a homestead entry on the 
ground of abandonment, the p-^rty must file his affidavit with the district land 
officers, accompanied by the affidavits of one or more witnesses in support of 
the allegations made, setting forth the facts on which his application is founded, 
describing the tract and giving the name of the settler. Upon this the officers 
will set apart a day for hearing, giving all the parties in interest due notice of 
the time and place of trial. 

In case of inability to make personal service of the notice, and when it bo- 
comes necessary to serve it by publication, the act of Congress of June 3, 1878, 
directs that the same shall " be printed in some newspaper printed in the county 
where the land in contest lies ; and if no newspaper be printed in such county, 
then in the newspaper printed in the county nearest to such land." After the 
trial, the land officers will transmit the testimony, with their joint report, for 
the action of thie General Land Office. 

The contestant must defray the expenses incident to such a contest. If he 
succeeds in the contest, and procures the cancellation of the entry, he will be 



S5 

notified thereof, and for a period of thirty days from su.li notice will be al- 
lowed a preference right over any other person to institute a claim to the land. 

(21 Stat., 140.) 

ADJOINING FAKM HOMESTEADS. 

A person possessing the reqi;isite qualifications under the homestead law, own- 
ing; and residing on land not amounting in quantity to a quarter section, may 
enter other land lying contiguous to Lis own to an amount which shall not, with 
the land already ownei by him, exceed in the aggregate one hundred and sixty 
acres. (Sec. 2289, Rev. Stat.) The party must" fulfil the requirements of the 
homestead law as to residence and cultivation, but will not be required to remove 
from the land which he originally owned in order to reside upon and cultivate 
that which he thus acquires under the hom-estead law, since the whole one hun- 
dred aifd sixty acres are considered as constituting one farm or body of land, 
residence uproi and cultivation of a portion of which is equivalent to residence 
upon t.nd cultivation of the whole, except that patent for the adjoining home- 
stead will not be issued until five years from date of entry thereof. 

ADDITIONAL HOMESTEADS WITHIN LIMITS OP GKANTS TO RAILROADS, 

The law originally grantiDg the homestead privilege gave to all citizens, or 
persons who had declared their intention to became citizens, the right to a home- 
stead on surveyed public lands. This amount was limited to one hundred and 
sixty acres of the ordinary class of public lands, such as were held bylaw, when 
disposed of to cash purchasers, at $1.25 per acre; cr to eighty acres of the class 
of lands embraced in alternate sections along the lines of railroads and other 
work-: of internal improvement, reserved to the United States in making grants 
of lan'l in aid of the construction of such work — the price of such reserved lands 
being Increased to $2.50 per acre. (Rev. Stat. Sees. 2289 to 2312.) 

The act ot March 3, 1879, provided that from and after its passage "the even 
sections within the limits of any grant of public lauds to any railroad company, 
or to any military road compasy, or to any State in aid of any railroad or mili- 
tary road, shall be open to settlers under the homestead laws to the extent of one 
hundred and sixty acres to each settler," thus doing away in this class of entries 
wita the distinction which had existed under sec' ion 2289 of the Revised Stat- 
utes between mim"mum lands (those held at $1.25 per acre) and double-mini- 
mum lands (those held at $2.50 per acre), so far as double-minimum lands might 
be f ound in ^fe?i sections within the limits of any railroad or military road. 
These provisions did not embrace double-minimum lands in odd numbered sec- 
tions, nor within the limits of grants for any description of public works other 
than railroac's and military roads. (20 Stat. 472.) 

In some of the Sta es the even sections within a certain distance of the line 
of route were allotted to the lard-grant railroads, while the odd sections were 
reserved to the United States. The act of July 1, 1879. extended the provisions 
of the :ict of March 3, 1879, above mentioned to the odd (reserved) sections in 
the States of Arkansas and IMissouri. (21 Stat., 43.) 

Ther ' yet remained certain States (as Alabama and Mississippi) in which (as 
in Arkansas and .\ii?souri) the land giant railr/ads had been allotted the even 
secti-ns, while tho United States had reserred th'3 odd sections—which States 
were not embraced within the provisions of the act last mentioned. But by the 
3d sec'ie'U of the act of Ju:.e 15, 18S0, fh&odd sK'ticgi'; within the granted limits 
of such r 'ads in Alabama and 3i:ssiss-ppi (having been brought into market at 
double-minimum piice i?'rier to January 1, 1861) were j educed in price to $1.25 
p r acre, and h imestead ■ ettlers were allowed one hundred and six:y acres of 
such lands. (31 Stat., 237.) 

In justice to partieB'who had already entered lands wi hin the granted 'imits 
of land grant railroads, and who Lad been, by the law as it existed at the date 
of ^uch entry, restricted to eighty acres, it was further provi ed that any such 
p-r^on migiit enter eighty acres additional, adjoining the land embraced in his 
original entry, if such'ad joining la^ds were subject to entry. (20 Stat., 472 ; 21' 
Sta' , 46.) 

Such additional homestead entry is allowable, even though the original home 
stead entry had been commuted to a cash entry. 

A woman who has married since making the original entry is not thereby 
disqu-dified from making an adjoining homestead entry. 



86 

In case, however, tliere should be no land subject to entry adjoining tbe 
original homestead, or if for any other reason the homestead party did not de 
sire to select adjoining land, he might surrender his original entry to the Gov- 
ernment for cancel] atiors, and be entitled to enter lanl elsewhere, under the 
homestead law, the same as if the surrendered entry had naver b^en made. 

A person making additional entry of eighty acres, or new entry after surren- 
der and cancellation of his original entry, can do so without payment of fur- 
ther fees and commissions. 

The residence and cultivation of such person upon the land embraced in his 
original entry shall be considered residence and cultivation for the same length 
of time upon the land embraced in his new entry, and will be deducted from 
the five years' residence and cultivation required by law ; provided, that in no 
case shall a patent issue upon an adjoining or new homestead entry vmtil the 
person has actually, and in conformity with the homestead lavrs, resided upon 
and cultivated the land embraced therein for at least one year. 

Where the additional entry, however, consists of land adjoiniag that originally 
entered, the homt stead party will riot be required to remove from the lalter to 
reside upon and cultivate the former, since the two are considered as constituting 
one farm or body of land. But even in such case, in order to fulfill the require- 
ments of the provis ) of the law of March 3, 1879, patent will not be issued for the 
lana entered until at least a year from the date of its entry, no matter how com- 
pletely the ("demands of the law may have been complied with regarding the 
portion of the land constituting the original entry. 

In applying for an additional entry the party must make afiidavit before the 
register and receiver, describing the tract upon which he resides as his original 
farm. He must submit proof letting forth the particulars of his existing entry 
and of his compliance with legal requirements regardin-^ the same, and must 
make application and affidavit according to forms prescribe'5. The proof herein 
referred to is required in order to ascertain the status of the original cDtry at 
the date of application for the additional homestead, and to obtain the credit 
to which the party may be entitled for residence and cultivation of the original 
tract. 

In case final proof on the original entry has been made and certificate issued, 
the requirement of proof as above directed may be omitted ; and the register 
and receiver in reporting the case will make a reference to the certificate, giv- 
ing its number and date. 

The preceding requiremaits having been complied with, the register and 
receiver, if they find tbe original entry to be intact upon their records, whether 
patented or not, will allow the entry applied f )T, note the same on their records, 
giving it the proper number in the regular homestead series, and report it with 
their monthly homestead returns, indicating its character as an additional enay 
on the margin of their monthly abstracts, with a reference to the original en'ry 
by its number and the description of the land. 

Should the person choose to surrender his esist'ng entry of eighty acres in 
order to make entry elsewhere of one hundred and slxtv acres, the register and 
receiver will receive his relinquishment, which ?haU specify for what purpose 
made, and be accompanied by the duplicate receipt issued for the relinquished 
entry, or by a statement under oath showing a gool reason for its absence. 
They will rep irt the case in a special letter to the General Land Oifice, and 
await instructions before pf oceeding further in the matter. The same provis- 
ions obt .in regarding settlement and cultivation, and the non-payment of fees 
and commissions, which have already been set forih in connection with adjoin- 
ing homestead entries. 

The act opening the odd sections of the public lands .to homestead entry to 
the amount of one hundred and sixy acres to each settler, where the even sec- 
tions had been granted to railroads or military roads, applies only to Arkansas 
and Missouri. "(31 Stat., 46.) Outside of these two States, therefore, where the 
even sections have been grant rd to raihoads, the odd sections have not been 
opened to homestead en ry to an amount exceeding eighty acres, and the provis- 
ions regarding adjoining homestead enU* es do not apply, "^unless such lands were 
bought into market at double-m'nimum price prior to January 1, 1861. (31 Stat., 
237.) 

The applicant for an additional homestead entry must swear that he did not 
serve in the Army or Xavy of the United Stages for ninety days or more ; for 



87 

persons who thus served were not restricted to eighty acres under previously 
■existing laws, and consequently are not entitled to the benefits of the acts amend- 
ing said laws. 

soldiers' and sailors' HOilESTEAD RIGHTS. 

Any officer, soldier, seaman, or marine who served for not less than ninety 
•days in the Army or Navy of the United States during the rebellion, and who 
was honorably discharged, and has remained loyal to the GoTernment, is entitled 
to en*er, under the provisions of the homestead law, one hundred and sixty 
^cres of land, "including the alternate reserved sections along the line of any 
railroad or other public work." (Rev. Stat., 2304.) 

The time of service or, if the party was discharged from service on account 
of wounds or disabilities incurred in the line of duty, the whole term of 
enlistment shall be ded-#icted from the period of five years during which an 
ordinary claimant must, to perfect title, reside upon, and cultivate the entered 
tract; but the party must in every case, reside upon, improve, and cultivate his 
homestea I for a period of at least one year after he shall have commenced his 
improvements. (Rev. Stat., 2305.) 

A party applying for the benefit of tins provision of the law must file with the 
register and receiver a certified copy of cerdficate of discharge, showing wh^n 
he enlisted and when he was discharged; or the affidavit of two respectable, 
disinterested witnesses corroborative of the allegations contained in the pre- 
scribed affidavit on these points, or if neither can'be procured, his own affidavit 
to that effect. 

The filing must be accompanied by the oath of the soldier, stating his resi- 
dence and post-office addre-s, and s.tting forth that the claim is made for his 
exclusive use and benefit, for the purpose of actual settlement and cultivation, 
and not either directly or indirectly for the use and benefit of any other person ; 
and that he has not, therefore, ei^'her made a homestt ad entry or filed a declara- 
tory statement under the homestead law. 

A soldier will be held to hav • exhausted his homestead right by the filing 
>of his declaratory statement ; it being manifest that the right to file is a privilege 
granted to soliie:s in addition to the or^Unary privilege only in the matter of 
giving them power to hold .heir cbvims for six months after selection, before 
entry ; bu: is not a license to abandon such selec'ion with the right thereafter 
to make a r gular homestead en':ry independently of such filing. Section 2304 
provides that " the settler shall bi adowed six months, after locating his home- 
stead and filing his declaratory statement, within which to make his entry and 
•commence his settlement and improvement ;" and section 2309 requires him "in 
person" to "make his actual entry, commence settlement and improvement on 
the same, and thereafter fulfill all" the requirements of law." These must be 
done on " the same " land selected and located by the filing. 

Following the accepted practice in pre-emption cases, the filing of a declaratory 
•statement will not be held to bar the the admission of filings and entries b^ others ; 
but any person ni'iking entry or claim during the period allowed by law for the 
entry of the soldi ir will do so subject to his fight ; and the soldier's application 
when offered within such time will be allowed as a matter of right and operate 
to exclude the intervening claim. 

SOLDIERS, WIDOWS, OR MINOR ORPHAN CHILDREN. 

The widow, if unmarried— or in case of her death or marriage, the minor 
orphan children— of any such officer, soldier, sailor; or marine may enter land 
under the same conditions as might her husband if living ; and if he died 
during his term of enlistment, the widow or minor children shall have the 
benefit of the whole term of enlistment to be deducted from the time hereinbe- 
iore required to perfect title to the land. (i^ev. St -it., 2307.) 

Minor orphan children can act only by their duly appointed guardians, who 
must file certified copies of the powers of guardianship, which must be trans- 
mitted to the General Land Office y the registers and receivers with their ab- 
■stracts of soldiers' declaratory statements. 

In case of widows, the prescribed evidence of military service of the husband 
must be furnished, with affidavit of widowdood, giving date of the husband's 
death. 



88 

In case of miuor orplirin children, in addition to the prescribed evidence of 
mi itary service of the father, proof of death or rc-marriage of the mother must 
be furnished. Evidence of death may be the testimony of two witnesses, or a 
physician's certificate duly attested. Evidence of marriage may be certified copy 
of marriage certificate, or of the record of same, or testimony of two witnesses 
to the marriage ceremony. 

The ruling relative to the widow or minor children of a deceased homestead 
party as to actual residence is equally applicable to the widow or minor children 
of a deceased sailor or soldier ; if the land is cultivated in goo.i faith the law 
will be regarded as substantially complied with, although the widow or children- 
may not actually reside upon the land. 

SOLDIER'S CLAIM MAY BE PILED BY AN AGENT. 

Any such officer, soldi r, sailor, or marine may file his claim for a tract of land 
through an agent, and may have six months thereafter within which to make 
his actual entry and commence his settlement and improvements upon the land. 
(Rev. Stat., 2309.) 

An entry cannot be made for a soldier by an agent or attorney. 

In addition to the oath heretofore prescribed, the oath must further declare- 
the name and authority of the agent and the date of the power of attorney or 
other instrument creating the af:^ency — adding that the name of the agent was 
inserted therein before its execution. It sh .uld also state in terms that the agent 
has no right or interest, direct or indirect, in filing of such declaratory statement. 

The agent must file an addition to his power of att »rney) his own oath to the 
effect that he has no interest, either present or prospective, direct or indirect, in 
the claim ; that the same is fi ed for the sole benefit of the s jldier, and that no 
arrangement has been made whereby said agent has been empowered at any 
future time to sell or relinquish said claim, either as agent or by filing an original- 
relinquishment of the clairiianc. 

The foregoing rule will not be construed to require the rejection of an appli 
cation to enter the tract filed upon, after the lapse of six months, when climatic 
reasons are shown, which in case of an actual entry would, vmder the act of 
March 3, 1881 (21 Stat., 511), justify an allow nee of one year for establishing 
residence ; nor in cases where the fai-ure results from sickness, misfortune, or 
any insurmountable cause, which shall be properly alleged and satisfactorily- 
shown, and where no adverse right has intervened. 

Where such cases has prevented entry and an adverse right has been admitted, 
it will be held proper wiihia the discretion f the General Laad Office to allow 
an entry upon another tra'^t ; Provided, That it shall be shown to the fall sat- 
isfaction of the Commissioner that the default was practically beyond the 
power of the claimant to avoid. 

Incase any register aad receiver have cause to believe that any filing offered 
for record is not presented in good faith, they will note such cause upon the 
same, and if it be suffijieat to warrant rejection— 3uch as a want of proper authen- 
tication or other palpable defect — th^y will rejec: the same, al owing an aopeal 
from their ruling according to the regular prac ice. Where such cases is not 
sufficient to warrant an aa horitative ruling, they will admit the filing, subject 
to investigation, and immediately proceed to make proper inquiry into the 
matter, reporting thsir action at once to the Commissio ler of the Greneral Land 
Office. 

For the filing of a declaratory statamynt the register an I re eiver will be al- 
lowed to cUarje, each, a fej of oie dollar. This fee the receiver will account 
for in the usja- mriuner, indicating the sam3 in his accjunt as fees for " home- 
stead declaratiDns," which wiil be charged against the maximum of $3,000 now 
allowed by law. In the States aad Territories for which fifty per centum addi- 
tional is allowel, tae adlitional albwiuce wil apply to the fee herein named. 

SQLDIEH'S ADDITIONAL HOMESTEAD ENTRY. 

Any officer, soldier, seaman, or marine who served for not less than ninety 
days in the Army or il^avy of the Unite:! States during the rebellion, who had, 
prior to June 22, 1871, made a homestead entry of less than one hundred and 
sixty acres, miy e!ii3r ai alditional qu mtl y of laad, adjacent to his former 



89 

entry or el-cwbere, sufScicnt to make, with the previous entry, one hundred 
and sixty acrts iRev. Stat., 2306.) 

This right extended by sec. 2307, Rev. Stat., to the widow, if unmarried, 
otherwise -othe minor orphan children by proper guardian) is a personal one, 
and is not trcinsferable ; it is not sub3 3Ct to assignment or lien, nor can it be 
exercised ly another. 

The practice which formerly prevailed of certifying the additional right as 
information from the records of the General Land Office and permitting the 
entry to be made by an agent or attorney has been discontinued. 

The party desiring to make an additional entry, and being entitled thereto, 
must pre-:ent himself at the land office of the district in which the land he wishes 
to enter is situate d, and make his application in the same manner as in case of 
an original entry. 

In addition to the usual homestead affidavit the clain>ant must make a special 
affidavit showing — 

First. His identity as the soldier he represents himself to be, reciting his 
military service, and stating his present residence and post-office address. 

■'iecojid. The facts in detail, setting forth his right to make the additional en- 
try, and that he has fully complied with the provisions of the homestead laws 
in the matter of residence upon, and cultivation and improvement of, his origi- 
nal entry, and stating whether or not he has proved up his claim and received 
a patent f r the land. Proper reference must be made to the original home- 
stead e itry, giving the name of the district-offi:e wherein it was made, the date 
and number of the entry, and tbe description of the land. 

lltlrd. That he has not in any manner previously exercised his ad*"!itional 
right either by entry or applicatio-i, or by sale, transfer, or power of attorney, 
but that the s ime remains in him unimpaired. 

Th« foregoing affidavits must be sworn t6 ajid subscribed in the presence of 
the register or receiver. This rale must be strictly adhered to in order to avoid 
false pers >aatlon ; and appli ations and affidavits presentel to the register and 
receiver with signature attached will not be received. 

The foregoing rules will not be deemed to apply to case- where the additional 
entry has heretofore been Cirtifie;! by the General Land Office, nor to cases 
penliag which were Sl-^d therein prior to March 16, 1833. 

Where the party's lirst entry has been consummated, th3 regi ter and receiver 
will require of him to pay the same fee and commissions as incases of original 
entry ; the receiver will issue his rec ipt for the money pai \ and these papers 
' ill receive the current date and the pro er numbers ij their homestead series. 
Then,ti complete the transacti-'n — it beiag an object, for the convenience of 
busines?, that the alditi :>n ;1 entry papers an 1 the final papeis therefor, in such 
cases, shall f^e kept separate and distinct — the party will make payment of the 
U'uai final commissi'»ns on the entered t^'act, for which the r.ceiver will issue 
his receipt ; the register will thereupon issue his flaal certificate for the addi- 
tional tract, the receipt and certificate to bear their proper numbers i i the final 
homeste :d series likewise a eierence to the original entry and to the final 
certificate thereon by their number^, and also by their district where the party's 
first entry shall h .ve been made in a different district. 

In case the party has rot made pro -f on his origin il homestead entry when 
he applies for nd 'it:o al land, he will be alle;ved to make the .idditi ^nal entry 
on prope'- application, a? above state 1, and paying the usual fee an ' commis?io: s, 
for which the r celver will issue his receipt, the papers to receive treir proper 
numbe.s id the ho:ne:t a 1 sedes, with a reference thereon t ' the original entry. 
Thereafte , whcLi the part; seall make final proof on the original entry, he will 
be reqiih'3 1 to pa^ th-; fi .al c ■maiissions on both entiles when a final receipt 
will be i sue I for the money, and thereupon a final ce^-tificate issued to c dl both 
for the tract in the r-riginal eatry and the additional tract. O i these papers the 
register and receiver s^ill make a referen e to the original and the aciditioeal 
entry, an ' on them -'ne patent will issue for both. But where it happens that the 
original entry and the ad.lit.onal entry are made in diiiereitland districts, this 
rule must be departed from so far as regard \ the is^.uing of one fi al certificate 
and receipt for both. 



90 



PAETIAL WAIVER OF HOMESTEAD RIGHTS. 

The election of aquallfiecl party, wben filing for a homestead, to take less than 
the law allows him, is c -snstrued as a waiver of his claim for a larger quantity ; 
and the same in case of an adjoi'ing farm entry or soldier s additi'onal eatry." 

(But when an additional homestead claim was tiled for forty acres by a home- 
steader whose original entry was one hundred and twenty acres, and forty acres 
of this original entry had been canceled, but notice of the cancellation had not 
.reached him when he filed for the additional forty acres, this was not considered 
a waiver of the full amount, since he filed for all that he supposed was due him.) 

The acts of March 3 and July 1, 1879, providing that a person who had taken 
a homestead to the extent of eighty acres within the granted limits of a rail- 
road grant, on the alternate sections belonging to the Government, might enter 
an additional contiguous eighty acres, are not construed as allowing a person 
who elected to take but forty acres under the original homestead law to take an 
additional one hundred and twenty acres under these amendatory acts. 

INDIAN HOMESTEAD CLAIMANTS. 

Any Indian posessing the requisite qualifications may, under act of March 3, 
1875, take advantage of the provisions of the homestead law, except that he 
cannot commute it into a cash entry (under section 2301, Rev. Stat.), and that 
his title is not subject to alienation or incumbrance, either by voluntary con- 
veyance or by the judgment, decree, or order of any court, but remains inalien- 
able for a period of twenty years from date of the patent. (18 Stat., 420 ; 
Sec. 5, Act of January 18,1881—31 Stat, 315 ) 

An Indian desiring to enter public land under this act must make application 
to the register and receiver of the proper district land office; also an 'affidavit 
setting forth the fact of his Indian character; that Le was born in the United 
States; that he is the head of a family or has arrived at the age of twenty-one 
years; that he has abandoned his tribal relations and adop ed the habits and 
pursuits of civilized life, and this must be corroborated by the affidavits of two 
or more disinterested witnesies. 

If no objection appears, the register and receiver will then permit him to en- 
ter the tract desired according to existing regulations, so far as applicable, un- 
der the homestead laws, the register writing across the face of the application 
the words "Indian homestead— act of March 3, 1875;" they will note the entry 
on their records and make returns thereof to the General Land Office, with the 
affidavits submitted. 

Indian settlers upon the public lands of the United States, whether surveyed 
or unsurveyed, are entitled, on proper showing, to the benefits and privileges 
extended by the third section of the act ot May 14, 1880. (21 Stat., 140.) 

LIMITATION OF LIABILITY FOR DEBT. 

All lands acquired under the provisions of the homestead laws are exempt 
from liability for debt contracted prior to the issuing of patent therefor. (Rev. 
Stat., 2296.) 



DEPOSITS FOR SPECIAL SURVEYS. 

When the settlers in any township (the land in which is not mineral or re- 
served to the Government) desire a government survey made thertof, and file 
an application therefor, and deposit in any Government depository to the credit 
of the United States a sum sufficient to pay for such survey, if the township is 
within the range of the regular progress of the pub'.ic surveys, the Commissioner 
of the General Land Office will instruct the Surveyor -General to survey such 
township. (Sec. 2401, Rev. Stat.) The amount so depositsd by settlers may be 
applied in part payment for their lands. (Sec. 2403, Rev. Stat.) 

The certificates issued for such deposits are assignable by indorsement; and 
while not receivable in paymeni for land at cash entry, except from the settlers 
who made the deposit, such certificates will be received in payment from set- 
tlers under the pre-emption law, or in comnutation of homestead entries (20 



91 

Stat., 352) ; "but the act cf August 7. 1882, restricts tlie a'-^plication of cerdficates 
of deposit issued sub-^quently to its passage to lands situated la the dis riot 
embracing the townsliip, the survej^ing of which is to be paid out of such de- 
posit. 

PARAMOUNT EIGHT OF AN ACTUAL SETTLER. 

According to the principles laii down in decisions by the United States 
Supreme Court and rulings of this Department, the right of a hbna fide actual 
settler under the pre-emption, homestead, or timber cufture laws will be recog- 
nized as against any othtr party seeking title to the tract covered by his settle- 
ment. 

STATES IN WHICH THERE ARE NO DISTRICT LAND OFFICES. 

Any vacant tracts of public land in States in which there are no land offices 
may, under the act of March 3, 1877, (19 Stat., 315,) "be entered at the General 
Land Office, subject to the provisions of law touching the entry of public lands, 
and the necessary proofs and affidavits required in such case? may be made 
before some officer competent to administer oaths, whose official charac'er shall 
be duly certified by the clerk of a court of record, and moneys received by tbe 
Commissioner of the General Land Office for lands entered by cash entry shall 
be covered into the Treasury." In carrying into effect the provisions of this 
act ihe following method will be obseived: 

A clerk has been designated by the Commissioner torecsive and act upon the 
applications which may be offered for such entries, and to have charge of tbe 
correspondence connected therewith. All moneys received >io into the charge 
of the receiving clerk (designated under section 461 of the Revised Statutes,) 
and any moneys found to belong to the United States on the cases when finally 
pa-sed upon are turned over to the Treasury according to law. 

Applications will be immedia'ely entered in a preliminary abstract for each 
State in the order in which they are received; will be carefully examined in 
conntcticn with the plats, files, and records, and admitted or rejected, accord- 
ing to the law and instructions governing the case. From such preliminary 
abstracts the admitted applications will be carried to a regular monthly abstra; t, 
and the proper certificates and receipts wiU be issued by the Commissioner, 
acting as ex o^.cio register and receiver. The entries thus admitted will be 
properly posted in the t: act-books, and the papers therefor placed on file, for 
such fuither action as may be necessary. These entries will be numbered con- 
secutivtly in continuation of the series entered upon at the respective dis: lict 
offices. The applicants wiH be promptly advised of the result of the examina- 
tion, and, where the desired entries are admitted, will be furnished with the 
appropriate paper, to ^e held as evidence cf title untJ the delivery of the patents. 

In case of confiicting applications, that which is first received will bi: first 
acted upon, as above direcred, and will be considered as giving th'C applicant 
the legal right to the tract applied for, if unexceptionable in other respects. 

TIMBER CULTURE. 

The first act "to encourage the growth of timber on the western prairies." 
was passed March 3, 1673 (17 Stat., 605.) It provided that " any person " (not 
restrict ng the privilege to heads of families, persons twenty-one years of age, 
and citizeos or those who had declared their intention to become citizens of the 
United Stites) might, under that act, make an entry of not more than a quarter- 
section of the public land for the purpose of the cultivation of timber thereon. 
The entryman was required to plant, prottct and keep in a healthy growing con- 
dition, for teij years, f' rty ^!cres of timber on the quarter-section "entered — the 
trees not to be more than twdve feet apart each way. Final proof could be 
made at the expiration of ten years from the date of entry, or at any time within 
three years thereafter, when tie party, or in case of his death his heirs or legal 
representcitives, must prove his or thtir compliance with the law by two credible 
witnesses. 

March 13, 1874 (18 Stat , 21 , an act was passed amendatory of, and from its 
date a substitute for, the act of March 3, 1873. This act restrict k1 tbe privilege 
of timber-culture entry to citizens of the United States, or persons who had de- 
clared their intention to become citizens, and who were heads of families or 
had arrived at the age of twenty-one years. Forty acres of timber on th9 quar- 



92 

ter-section — and tbe like proportion in case less tlian a quarter-section were en- 
tered — were required to be planted (n t less than twelve feet apart each way), 
protected and kept in a growing condition. The party miking entry was re- 
quired to hreak ten acres of land the first year after the date of the entry, ten 
acres the second year, and twenty acres the third year ; and to plant ten acres of 
timber the second year, ten acres the third year, aud twenty acres the fourth 
year ; or in proportion when the entry was less than a quarter section. Final 
proof, substantiated by two credible witnesses to the quantity and character of 
the timber, could be made at the expirat: on of eight years from the date of entry, 
or at any time within five years thereafter. Entries ma'e under the act of March 
3, 1873, could be complet d and final proof made under the act of March 13, 1874, 
upon compliance with the provisions of the latter act. In case of the death of a 
rerson who hud compred with the pro^/ision of the act for three (3) years the 
heirs or legal representatives had the option to continue the compliance for the 
remainder of the eight years and to receive patent accordingly, or to receive 
patent for forty acres outr ght by reliEquisliing ad claim to the "remainder. 

The act of ]\[ay 20, 1876 (19 Stat., 54\ amendatory of the act of 1874, provided 
that whenever a party hoi "dng a cLdm or making final proof under said act 
should pro7e, by two crcdi! le witnesses, that the trees planted and grow ng on 
said claim were destroyed by grasshoppers during imy one or more years, the 
time allowed in which to pL^nt the trees and make final proof should be extended 
the same numb r of years as the trees planted were so destroyed. It also provided 
that the planting of seeds, nuts, a d cuttings, when properly done, and the 
ground proper'y prepared and cultivated, should be considt;red a compliance 
with the tlmber-cultur3 act ; and that in case the seels, nuts, or cuttings planted 
should not germinate and grow, or should be destroyed by the depredations of 
grasshoppers, or from ■ ^ther unad voidable accident, the ground should be replanted, 
or the vacancies filled wit'iin one year from the first planting. Parties claiming 
the benefit of this provision were to prove, by two go d and credible witnesses, 
that the ground was properly preparer! and planted, an 1 that the destruction of 
the seeds, nuts, or cuttings was caused by inevitable accident. Under this act 
it is not necessary that the planting shall be done in one body, provided the 
several bodies, not exceeding four in number, aggregate the amount required 
by tLe original and amended act. 

The act of June 14, 1878, (20 Stat , 113,) is am.endatory of the act of March 
13, 1874, and, as to all entries mide since Juae 14, 1878, is a substitute for the 
prior act. It author'zes heads of faai'lies or single persons who have attained 
the a::e of twenty-one years, w'lo are citizens o!" the United States or have declared 
t'icir intentioa to become su h, and Avhi have m .de no previous entry under 
the timber cultu e laws, to ma'^.e entry of not more than one quarter-secti m — 
which may be portions of contiguous subdivision- of the same section, provided 
that such entry shall form a compact body of land. l>ot morr than one quarter 
of any section shall be thus entered; and no person shall make more than one 
entry under tliis act. The 1 ,nd embraced in this application must be ex- 
clusively rrairie lai.'d, or other land devoid of timber. The removal of a natural 
growth of timber will not render land subject to eiit^y. (?ellman v. Redding, 
10 C'TP, 275.) 

Before allowing any eritry applied for, the register ar-d receiver will, by a 
careful examination of the tr.X't and pl:..t books, satisfy themselves that the 
entry ap-pli^d ^or will not conflict witli auy >)tLer entry rtr entries previou'^ly 
male. They will reqni;e the. party malting applicatiou to file thf-^ prescubed 
affidavit that the entry is made for the cultv- ation of timber, and for his own 
exclusive use an ! benefit, In i.ood faith, and not for the purpose of speculation. 
If such affidavit is made before a justice of tbe p^ace (which the act permits,) 
his official character anl the genuineness of his signature must be certified 
under sed. 

They will require the party to pay tbe fee and tliat p .rt of the commission 
paya'de at the date of entry, for which the receiver will issue his receipt in 
du^ilicate, giving tiie party a duplicate receipt. Tbe p yments recuir-d by law 
on a tiraber-cu'tare entry are as follows: For eighty acres or less, fee |5, to be 
paid at date of entry; commissions $4; total §9. For more than eighty acres, 
fee $10 at date of entry; commissions |4; total !|14. Besides, in each case, |4 
when filial Xjroof is made. No other fee, charge, gratuity, orreward is per- 
mitted to be paid or received for any srvices at distL'.ct land offices in connec- 



93 

tion with such entries. Fees and commissions in this class of entries the 
receiver will account for in the usual manner, indicating the same as fees and 
com'2iissions on timber culture entries; and thpy will be charged against the 
maximum of $3,000 now allowed by law. 

No distinction is made hs to area or the amount of fee and commissions be- 
tween minimum and double-mirimum lands. A parl-y may enter 160 acres of 
either on payment of the prescribed fee and commissions. 

The register and receiver will number tht entry in its order in a separate series 
of numbers (unless they have already a series under the act to which this act is 
amendatory, in which case they will number the entry as one of that series;) 
they will note the entry on their records and report it in their monthly returns, 
sending up all the papers therein, with an abstract of the entries allowed during 
the month under this act. 

The law requires that five acres on a quarter section shall be broken or plowed 
the Urst year, and five ficres the second year. The srcondyear the first five acrea 
must be cultivat- d to crop or otherwise. The third year the second five acres 
must be cultivated to crop or otherwise, end the first five acres must be planted 
in timber, seeds, or cuttings. The fourth year the second five acres must be 
planted ia ti i^ber, seeds, or cuttings. Ti nacres are thus to be plowed, planted, 
and cultivated oa a quartur-section, end the same proportion when less than a 
quarter section is entered. The whole ten acres, or the due proportion thereof, 
must be prepared and planted within four ye irs from the date of the entry, five 
acres beig prepared the first and second years and planted the third year, and 
five acres being pr* pared the second and third ye rs and planted the fourth year. 
If the trees, seeds, or cuttings are destroyed by grasshoppers or by extreme and 
unusual droughts, the time uf plcintingmf^y be extended one year for every year 
of such destruction, upon the fil-ng in the local office of an affidavit by the en- 
trvman, corroborated by two witness ?3, setting fort'i the destruction and asking 
the extension of time provided for by the act. 

The following classes of trees are recognized as "timber"' within he meaning 
of the law, viz: Ash including mouatain ash or service-tree), alder, basswood, 
bee h, birch, box eld r, black walnut butternut (otherwise called x\ hit e walnut), 
celar, chestnut, cottonwood, elii, fir, hickory, honey-locust, larch, maple, oak, 
pine, srruce, syoaraor? (oferwise called butt mvood or cotton tree), white wil- 
low, whltewood (or tulip tr-e); and other trees recognized in the neighborhood 
as of value for timber, for firewood or domestic us^, or for commercial purposes. 
Frjit trjes aid shrubbery cannot be classed s 'timber," and thair cultivation 
is not sufficient to satisfy the demands of the law. 

Pinal proof can be n^ad ^ at the expi'ati n of eight years from date of en- 
try, or at any time within five years thereaft r. In making final proof it must 
bL^ shown — 

First. That not less than twenty-seven hundred (2,700) trees of the proper 
character were planted on each acre required to be planted. 

t^econd That th.^ quantity an:l chiracter of trees as aforesaid have been cul- 
tivated and protected for not less thin eight years iDreceding the time of making 
proof. 

Third. That at the time of making; proof there are growing at least six hun- 
dred and S3veaty-fi7e (f'^To) living and thrii-^y trees to each acre. 

Perfect good faith mu?t be shown by claimants. If trees, seeds, or cuttings 
are destroyed, they must b^replantel; and not only must trees be planted, 
but they must be protected and cultivated in such manner as to promote their 
growth. 

All entries since Jane 14, 1873, are made nn'er the act of that date Parties 
who made entries unler an/ of the former acts may complete the same and 
■ make final proof under the act of 1873, u:)m showiag'that they have had under 
cultivation, for at least eight years, the number of acre^ required by the act of 
1878, anl at t!ie time of presenting fin d pro)f have the number of living and 
thrifty trees required taereby ; but they need not show that they followed the 
manner of planting prescrib. d by the latter act, if t le planting was done in ac- 
cordance with the requiremeats of any one of the prece ling acts. 

In c.nnputin^i the period of cultivation the time runs from the date of entry, 
if the necessary acts of cultivation were performed within the proper time. 
The preparation of the land and the planting of tre^s are acts of cultivation, 
and the time authorized 1 3 be so employed, ani actually so employed, is to be 
computed as a nart of t'ae eight yeirs of cultivation required by the statute. 



94 

In making final proof tlie claimant ' or if he be dead, his heirs or legal repre- 
sentatives) must appear in person, with at least two witnesses, at the land office 
of the district in which the lan.l is situated, and there make the necessary 
proofs ; or the affidavit of the party may be made, and his testimony, and the 
testimony of his witnesses, given before a judge or clerk of a court of record in 
such land district. 

The officer administering the oath or taking the testimony must certify to the 
identity and credibility of the party appearing before him. 

The proof must set forth, specifically and in detail, all the facts of the case, 
showing when cultivation w.^s commenced, the acts performed, amount of land 
plowed, cultivated, and planted, what was done each year, the total number of 
trees planted, the total number growing, and their size and condition at date of 
proof, and any other facts or circamstances material to the case. 

The register and rec?iver will carefully examine the evidence, and, if found 
sufficient to show that the claimant has fully complied with the law, they will 
proceed (on piyment of the final commissions allowed by law), to issue the final 
certificate and receipt in the manner prescribed. 

If at any time after the filing of said affidavit, and prior to the issue of patent 
for the land, the claimant shall fail to comply w!th any of the legal require- 
ments, then, and in that eveat, such land will be subject to entry under the 
home-tead laws, or by some other person under the provisions of the timber- 
culture act. But the contestant must file his application to enter, under one or 
the other of these laws, at the time of initiating contest, or his right to contest 
will not be recognized by the Government. 

When a contestant shall file his application for entry, with the prescribed 
preliminary affidavit, showing qualifications, etc., the register shall indorse upon 
such application, the date of its presentation and mak6 the application and 
the contest nt's affidavit setting forth the grounds of contes"; the basis for further 
proceedings, these papers to accompany the report submitting the case to the 
General Land Office Shoull the contest result in the cancellation of the con- 
tested entry, the contestant may the a perfect his own. 

No land acquired under the provisions of the act of June 14, 1878, will in 
any event b.-come liable to the s.-jtisf action of any debt or debts contracted prior 
to the issuins; of the final certificate therefor. 



RELINQUISHMENTS. 

The first section of the act of May 14, 1880, (21 Stat., 140,) provides that 
when a pre-emption, hoai( stead, or timbe.-culture claimant shall file a written 
reliLiquisbment of his claim in the land office, the Ian 1 covered by such claim 
shall be held as open to settlement and entry without further action on the part 
of the Commissioner of the General Land Office. 



NON-AGRICULTURAL LANDS. 

The foregoing has reference to public lands which are agricuUuraliD. charac- 
ter. There are special laws for the disposal of lands which are unfit for 
cultivation and valuable chiefly for Umher or stone, of saliae lands, and of desert 

lands. 



TIMBER AND STONE LANDS. 

Surveyed public lands in California, Oregon, Nevada, and Washington Terri- 
tory, not included within any military, Indian, or other reervation, which are 
unfit for cu tivation, and consequently for dispo al under the homestead or pre- 
emption laws, non-mineral in character, and which have never been offered at 
public sale, valuable chiefly for the timber upon them or the stone they contain, 
may be purchased by citizens of the United ;:tates, or persons who have declared 



95 

their in en ion to become such, in quan ities not exceeding one hundred and 
sixty acres to ant on-j perse n or association of persons, at a pnce of not less than 
two dollars and fifty cents per acre. (Act of June 3, 1878; 20 sta*. 89.) 

A person apphing to purcba=e a tract under the provisions of this act will 
he required to make affidavit before the register or receiver that he has made 
no prior application urder this act; that he is by birth or naturalization a 
citizen of the United States, or has declared bis intention to become a ci'izen. 
If native born, paiole evidence to that fact wi'l be sutScient; if not native born, 
record evidence- r.f the prescribed qualifica'ion must be furnished. In addition,, 
the affi.'avit must dtsig_ate by legal subdivisions the tract which the applicant 
desires to purchase, seTting forth its character as above; stating that it is unin- 
habited, and contains no improvements (except for ditch or canal purposes, if 
any such exist) save such as were made by and belong to the applicant; that 
he purch^'ses the land for his own exclusive use and benefit and has not made 
' any contract or agreement whereby any ti le he may acquire thereto shall in- 
ure in whole or in part to the benefit of any other person. 

The afladavit must be made in duplicate, one crpy thereof to be transmitted 
to the General Land Office by the register and receiver with their monthly re- 
turns. 

The register will post notice of application, embracing a description of the 
land by I'^gal subdivisions, in his office, for a period of sixty days ; and shall 
furnish the applicant a copy of said notice, at the expense of the applicant, for 
the pubic ition in the newspaper pubhshe 1 nearest the location of the land for a 
like period of tims ; which, in c ise of a weekly paper, will necessitate a publi- 
cat-on in ten successive issues, since at least sixty days must intervene between 
the first and the last publication. 

At t-e expiration of s.xty d.iys the applicant must furnish f) the register of the 
office sati- factory evidenc? that the notic3 was duly published as required by 
law. Such evidence must consist of a copy of the printed notice, and attached 
thereto the affidavit of the publisher or other person having charge of the news- 
pap'jr in whic-i the notice was published, setting for h tie nature of his connec- 
tion with the paper, and stating that the notice wai duly published fur the pre- 
^» scribed period ; also giving the dates of tae first and last insertions. 

The applicant must present before the register and receiver proof showing 
the character of the Imd to he such as is contamplatedby the liw— to wit, that 
it is non-mineral, unoccupied, unimproved, unfit for cuit:vation, and valuable 
mainly for the timbe-' (or stone) thereon. Such evidence must con-:i-t of the 
ttstimony of at least two disinterested witnesses, to the effect thatth y know the 
facts to which they testify frooi Inspection of the land anl of each of its smallest 
legal subdivisions. The testimony may be taken before the register and receiver, 
or any officer in the district in which the Ian I lies, authorized to administer oaths 
and using an official seal. 

Upon such proof being produced, if no adverse claim shall have been filed, the 
entry applied for may be allowed in pursuance of the provisions of the act. The 
receiver will issue his receipt for the purchase moaey and the register his certi- 
ficate of purchase, numbering the entry in the regular cash series. The reg ster 
and receiver will enter the sale on their books, and make the usual returns there- 
for to the Jeneral Lind Office, noting on the monthly abstracts opposite the entry, 
and on th3 entry papers, a reference to the act of Congress under whic i allowed. 
They will forward all the papers in the case with their returns to the General 
Land Offic3, except the retained duplicate statement file il under the second section 
of the act, to which the register will give the same number with the other pipers 
for the entry, and retain it on the appropriate file with the formal application in 
his office. 

V The register and receiver will be entitled to a fee of five dollars each for 
allowing an en^ry under said act, and jo ntly at the rate of twenty-two c.-nts and 
a half per hundred words for testimony reduced by them to writing for claim- 
ants, which will be accounted for as other fees. 

If, -it th? e pir tion of tiie sixty days' notice provided for, an adverse claim 
should be found 1 3 exist calling for an investigation, the register and receiver 
will allow the parties a hearing according to the rules of practice. 

In case of an association of person 5 making application for such an entry, 
each of the persons must prove the requisite qualifications and their names 
must appear in and be subscribed t ."> the sworn statement as in case of an indi- 
vidual person. They must .i^s 3 unite in the regul'i • applic iti-mfor entry, which 



96 

will be made in their joint names as in other cases of joint cash entry. The 
forms prescribed for cases of application by individual persons may be adapted 
for use in applications of this class. 



SALINE LA5DS. 

Congress passed an act, January 12, 1877 (19 Stat., 221). pro- 
viding for the sale of saline lands in certain States. 

Should prima facie evidence that certain tracts are saline in character be filed 
with the register and receiver of the proper land district, they will designate a 
time for a hearing at their office, and give notice to all parties in interest, in 
order that that they may have ample opportunity to be present with tbeir wit- 
nesses. Such witnesses will be examined in regard to the extent of the saline 
deposits upon the given tracts, and whether the same are claimed by any per- 
son ; if so, the names of the claimants and the extent of their improvements 
must be shown. 

The witnesses should be thoroughly examined as to the tiue character of the 
land in other respects; its agricaliural capacities; what kind of crops, if any, 
have been raised thereon, or can be raised from land of such charactei; whether 
it contains any valuable deposit of mineral of any kind, or of coal. In short, 
the testimony should be as complete as possible; and in addition to ih; points 
indicated above, everything of importance bearing upon the character of the 
land should be elicited at the hearing. 

The testimoay taken at the hearing will be transmitfed to the General LLnd 
Office by the register and receiver, with tbeir opinion thereon. When the case 
comes before the General Land Office such a decision will be rendered in regard 
to the character of the land as the facts may warrant. 

Should the tracts be adjudged saline lands, the register and receiver will be 
instructed to offer the same for sale, after public notice, at the local land office 
of the district in which the same shall be situated, and to sell said tract or tracts 
to the highest bidder for cash, at a price not less than $1.25 per acre. 

In case said lands should not be sold when so offered, they will be subject to 
private sale for cash, at a price not lets than $1.25 per acre, in the same manner 
as other public lands. 

Should the tract in question be adjudged agricultural or mineral, it will be 
subject to disposal as such. 

The provisions of this act do not apply to any land within the Territories, nor 
to any within the States of Mississippi, Louisiana, Florida, California and Nevada, 
none of which have had a grant of salines by act of Congress. 



DESERT LANDS. 

By " desert land " is meant land "which will not, without iirigation, produce 
some agricultural crop " (section 2 of act of March 3, 1877 ; 19 Stats., 377.) The 
expression ''some agricultural crop" does not refer solely to the amount of the 
crop; it refers also to the kind. If the land will produce ''some" crop of a 
kind and in amount sufficient to make the cultivation reasonably remunerative, 
it is not desert. Land along streams, or near bodies of water, which, without 
artificial irrigation, will produce grass sufficient for hay, is not "desert land" 
within the meaning of the law, and is not subject to desert entry. 

Title to desert lands can be acquired, under the restrictions of the law (see 3d 
section), only in the States of California, Oregon, and Nevada, and the Terri- 
tories of Washington, Idaho, Montana, Utah, Arizona, New Mexico, Wyoming, 
and Dakota. 

The amount of land which maybe entered by any one person under the desert- 
land law can not exceed one section, or six hundred and forty acres, which must 
be in compact form. The requirements cf compactness will be held to be com- 
plied with on surveyed lands when a section, or part, thereof, is described by 
legal subdivisions as nearly in the form of a technical section as the situation of 



97 

the land and' its relations to other lands will admit, althoagh parts of two or 
more sections may be taken to make up the quantity or equivalent of one section. 
But entries running along the margin or including both sides of streams, or be- 
ing continuous merely in sense of lying in a line :-o as to form a narrow strip, or 
in any other way showmg a gross departure from all reasonable requirements of 
compactness, will not be admitted. In no case, where the full quantity of six 
hundred and forty acres is entered, will the side line on either side be per- 
mitted to excjed one mile and a quarter; anl less in proportion in case the entry 
embraces less than a one whole section or its equivalent. 

A party desiring to avail himself of tha privileges of the desert-land act must 
file with the register and receiver of the proper district land office a declaration 
under oath, which may be executed before either the register or receiver 
or the clerk of any court of record having a seal. It must be set forth that the ap- 
plicant is a citizen of the United Stat s, or that he has declared his intention to 
hecome such — in which case a duly cert fied copy of his declaration of intent' on 
to become a citizen must be presented and filed. It must also be set up that the 
applicant has made no other declaration for desert lands under the provisions of 
this act, and that he intends to reclaim the tract of land applied for by conducting 
water thereon, within three years from the date of his declaration. The declara- 
tion must also contain a description of the land applied for, by legal subdivisions 
if surveyed, or if unsurveyed as nearly as possible without a survey by giving, 
-with as much cle rness and precision as possible, the locality of the t? act with 
reference to the already established line of survey, or to known and conspicuous 
landmarks, so as to admit of its being readily identified when the lines of survey 
come to be extended. 

Before the entry can be allowed it must be satisfactorily shown that the land 
described in the declaration is desert land within the meaning of the law. To this 
end the testimony of at last two disinterested and credible witnesses is required, 
which will be reduced to writing in the usual manner; or the evidence may be 
furnished in the form of affidavits executed before the clerk of any court of re- 
cord having a seal, the credibility of the witnesses to be cerdfied by said clerk. 
The witnesses must clearly state their acquaintance with the premises, and the 
facts as to the condition and situation of the land upon which they base their 
judgment. Where the land is situa'ed on the borders of a stream or lake, evi- 
dence will also be required that the land in its natural state is not productive of 
hay. 

The proof above required having been made to the satisfaction of the district 
officers, the applicant will pay the receiver the sum of twenty-five cen'.sper acre 
for the land applied for. The register will receive and file his declaration, and 
the register and receiv r will joinly issue, in duplwate, a certificate ackno-^l- 
•edging the ri^ceipt of the twenty five cents per acre and i be filing of the declara- 
tion. One of these duplicates will be delivered io the ap licant; the other will 
be retained by the regi.--ter and receiver with the declaration and proof. They 
wi 1 bear a number according to ihe order in which tue certificave was issued. 
The register v/iH keep a record of the certificates is uecl, showing the number, 
date, amount paid, name of applicant, an 1 descnptionof the lau'i applied for in 
«each case, an'^, In addition, he will no e the same up -n liis plats and records as 
in cases of ordinary entry. At ihe end of each mnntb he will, with his -.egular 
i-eturns, forward to the (general Land Office an abstract of the declarations filed 
and certificates issued under this act du'ing the month, accompanying same 
with declarations and proefs filed and th" retained copy of certificate in each 
«case. The receiver will also account for the money received under this act in 
the usual form. 

In any case where a declaration shall be fi'ed fo" a tract on unsurveyed land, 
the register and receiver will immediately forward a copy of the declaration to 
the surveyor general in order that the proper survey may be made. The claim 
must remain a '' float" until such survey shall have been made, when the ap- 
plicant sha'l be required to take hs land in form and limits corresponding to 
the legal ; ubdi vision. 

At any time within three year, after the date of filing the declaration and 
the issue of certificate, the proper party may m^ke satisfactory pro >f of having 
conducted water upon the land applied for in qua- tity s^iffieient to accomplish 
the reclamation of each smallest legal subdivision or portion of forty acres or 
less. This proof must consist of the testimony of at least two disinterested and 
"Credible witnesses, who must appear in person before the register an 1 receiver. 



98 

They must declare that they have personal knowledge of the condition of the 
land applied for, and of the facts to which they testify; and their testimony must 
be reduced to wiiting in the usual manner. 

The final proof having been made to the satisfaction of the district officers, the 
party will surrender the duplicate certificate issued when the declaration was filed 
and make an additional payment of one dollar per acre for the land. For this the 
receiver will receipt in duplicate, giving the party a duplicate receipt; and the 
register will issue a final certificate of purchase. 

The register and receiver will give to these final certificates and receipts a spe- 
cial seiies of numbers, and at the end of each month will make separate ab 
stracts of the same, sending up therewith the final certificates, receipts, and 
proofs. 



EXECUTION AND DELIVERY OF PATENTS. 

Patents will be executed in the name of the party making an entry or loca- 
tion, except in cases where the statute expressly recognizes the right of an as- 
signee to lake patent in his own name. (See departmental decision of July 27,. 
1880, in case of Whittaker v. Sou. Pac. R. R., 7 Copp, 85). 

The recitals and description of land iu patents will in all cases follow the reg- 
ister's certificate of entr. or location, as prescribed by law. 

When patents are ready for delivery they will in all cases be transmitted to 
the local ofiice at which the location or entry was made, wher^i they can be ob 
tained by the party entitled thereto upon surrend 'r of th^ dupli'^ate receipt, or 
certificate, as the caie may be, unless the duplicate shall have been pieviously 
filed in the General Land Ofiice with a request that the patent be delivered as 
requested by the person sending the same; and in no case will the parent be de- 
livered either from this or the local office except upon receipt of such dupli- 
cate, or, in case of its loss from any c luse, upon th filing in lieu of the same 
of an affidavit made by the present bona fide owner of i he land, a counting for 
the loss of the same, and also showing ownership of the tracts or a portion 
thereof embraced in the patent. 



REPAYMENTS. 

Section 2362 of the Revised Statutes provides for the repayment to the pur- 
chaser, or his legal representatives or assignees, of any pm'chase-money, upon 
proof "that any tract of land has been erroneously sold by the United States, 
so that from any cause the sale cannot be confirmed " 

Section 2 of the act of June 16, 1880 (21 Stat., 287), enlarges the scope of the 
former act, saying that "in all cases where homestead, or timber-culture, or 
desert-land entrees or other entries of public lands have been heretofore or s'jall 
hereafter be canceled for conflict, or where, from any cause, the entry has beea 
erroneously allowed and cannot be confirmed," the amount of purchase money, 
fees, and commissions may be repaid. 

This cannot be gii^en an interpretation of such latitude as would countenance 
fraud. If the recoids of the Land Office, or the proof furnished, should show 
that the entry ought not to be permitted, and yet it were permitted, then it 
would be "erroneously allowed." But if a tract of land were subject to entry, 
and the proofs showed a compliance with law, and the entry should be can- 
celed because <he proofs were shown to be false, it cou'd not be held that the 
entry was "erroneously allowed;" and in such case repayment would not be 
authorized. 

In case of applications for repayment where patent has rot issued the dupli- 
cate receipt must be surrendered. The applicant must also make affidavit tbat 
he has not transferred or otherwise encumbered the title to the land, and that 
said title has not become a matter of record. This affidavit may be made before 
either the register or receiver of the district land office, or before a notary 
public or a justice of the peace, or other officer authorized to administer oaths. 
When made before a notary public or justice of the peace a certificate of official 
character is required. 

If the duplicate receipt has been lost or destroyed the party applying must 
advertise the ^'act of such loss, giving notice of his intention to apply for repay- 



99 

ment of tbe purchase money. This advertisement must be inserted weekly for 
six weeks in some newspaper of extensive circulation in the vicinity of the land. 
A copy of the advertisement, with the affidavit of the publisher, or other person 
having charge of the paper, that it was inserted the requisite number of times, 
must accompany the papers in the case. Where the duplicate receipt has been lost 
or destroyed, a certificate will also be required from the proper recording officer 
showing that the same has not become a matter of record, and that there is no 
encumbrance of the title to the land thereunder. A like certificate must be 
furnished when the application is made by another than the original purchaser. 

Where a patent has been executed and delivered, it must be surrendered. 

Where the title has become a matter of record, and in all cases where patent 
has issued, a duly executed deed, relinquishing to the United States all right 
and claim to the land under the entry or patent, must accomp my the application. 
This deed must be duly recorded, and a certificate must also be produced 
from the proper recording officer where the land is situated, showing that said 
deed is so recorded, and that the records of Lis office do not exhibit any other 
conveyance or encumbrance of the title to the land. 

Where a valid title of the land embraced in a canceled entry has been con- 
\ejed by the Government to other parties, the applicant for repayment under 
such canceled entry must reconvey to the United States the title derived from 
such invalid entry. If, however,' the applicant has acquire d the valid title 
already conveyed by the United States, it will not be neccbsary for him to re- 
convey the land, but he may make a full statement, with corroborative evidence 
of the fact?, waiving all claim under the invalid entry, and tliereupon receive 
repayment of the amount erroneously paid. 

The reconveyance^ to the United States must conform in every particular to 
the laws of the State or Te;ritory in which the land is located relative to trans- 
fers of real property; in the case of a married man, there must be a release of 
dower by the wife; and in case of an executor or administrator, due proof of 
authority to alienate the estate. 

Where application is made by heirs, satisfactory proof of heirship is required. 
This must be the best evidence that can be obtained, and must show that the 
parties applying are the heirs and the only heirs of the deceased. Where appHca- 
ation is made by executors, a certificate of executorship from the probata court 
must aecompan/ the application. Where application is made by administrators, 
the original or a certified copy of the letters of administration must be fur- 
nished. 

The first section of the act (of June 16, 1880 now under consideration) pro- 
vides for the repayment to innocent parties of the fees, commissions, and excess 
payments made upon soldiers' additional homestead entries which were, after 
location, found to be fraudulent and void, a d have therefore been canceled. 

Applications for repayment under this section must be accompanied by the 
duplicate receipt, or evidence of the loss of the same, and by concise sta'ement 
under oath setting fourth all the facts and circumstances connected with the 
procurement and use of the fraudulent papers upon which the canceled entries 
were based, together with such documentary or other proof as may teni to es- 
tablish the innocence of the parties relative thereto. 

In the case of soldiers' additional homestead entries, repayment of f es, com- 
missions, and exc sses can be made only to the parly who paid the same — not 
to a p irty to whom the claimant conveyed the land. 

In the case of applications for repayment of fees, commissions, etc , on can- 
celed homestead and other entries, under the second section of tue act, the dupli- 
cate receipt must be sarr mdered with a relinquishment of all right, title, and 
claim in and to the land described in the receipt indorsed thereon, attested by 
two witnesses, and acknowledged before the reuister and receiver or befor • any 
officer authorized to take acknowledgments. If the duplicate receipt has been 
lost or destroyed an affidavit stating the fact must be furn shed, together with a 
relinquishment of the character indicated. Ihe applicant must make affidavit 
that he has not made another entry with the credit of the fee and commission 
IDaid by him on the canceled entry. 

Assignees, within the meaning of the statute now under consideration, ^re 
persons who purchase the land after entry and take assignments of the title 
under such entry. To constr-je said statutes so as to recognize the assignment or 
transfer of the mere claim ag iu t the United St-itesfor repayment of purchase. 



100 

money, or fees and commissions, disconnected from a sale of tlae land or attempted 
transfer of title thereto, would be against the settled policy of the Government 
and repugnant to section 3477 of the Revised Statutes, prescribing the manner in 
which assignment of claims must be made in ordei* that they shall be recog- 
nized by the Government as valid. 

Where applications are made by assi^c^nees, the applicants must show their 
right to repayment by f urnisliing properly authenticated abstracts of title, or 
the original deeds or instruments of assignment, or certified copies thereof, and 
also show by affidavits or otherwise that they have not been indemnified by 
their grantors or assignors for the failure of tit e and that title has not been 
perfected in them by their grantors through other sources. 

Where there has been a conveyance of the land and the original purchaser 
applies for repayment, he muet t-how that he has indemnified his assignee or 
perfected the title in him through another ?.ource, or produce a full reconveyance 
to himself from the last grar>tee or assignee. 

The last clause of section 2 of the act under consideration provides that " in 
all cases where parties have pad double-minimum price for land which has 
afterward b en found not to be within the limits of a railroad land grant, the 
excess of one dollar and twenty five cents per acre shall in like manner be repaid 
to the purchaser thereof, or to ttie heirs or assigns." In such ca«es the dupli- 
cate receipt must be surrendered; or, if lost or destroyed, an affidavit stating 
that fact must accompany the application. 

All applicatif ns for repayment under the above provisions must be made in 
writing and be signed by the party applying, and must describe the tract or 
otherwise designate the entry with certainty. They should be tran mitted. with 
all the papers in the case, ihrough the register and receiver of the proper district 
land office, who will make due report thereon. 



APPEALS. 

Any person making application to file upon or etter a tract of public land, 
having complied with tbe law and regulations touching the presentation of such 
applications, and feeling aggrieved by the refusal of the register and receiver to 
recognize bis claim, or by any order, direction, or condition affecting the same, 
may appeal from the action of hose officers to the Ccmmis'-ioner of ihe General 
Land Office, who is by law invested wirh the supervision and control of all mat- 
ters relating to the disposal of the public Isnds, subject to the direction of the 
Secretary of the Interior. (Sections 453 and 2478, Rev. Sta .) 

For the purpose of < nabling such appeal to be taken and perfected, the register 
and receiver will indorse upon the wriiten application the date when presented 
and their reasons for refusing it,promptly advising the party in int erest of the facts, 
and noting upon iheir records a memorandum of the transaction. The party ag- 
grieved will be allowed thiity days from the receipt of notice of such action within 
which to file his appeal to the Commissioner. When such notice is sent through 
the mails, five days will be allowed for the transmit.sion of the notice, and other five 
days for the transmission of the appeal, making forty days in all from the issue of 
notice in which to place the appeal on file in the district land office. The appeal 
must be in writing, definitely setting forth in clear and concise terms the specific 
points of exception to the decision appealed from, and the reason or reasons 
upon which such exceptions are based. The register and receiver will at once 
transmit the appeal to the General Land Office. Ko appeal from the decision of 
the local land office will be received at the General Land Office unless forwarded 
through the local officers in the manner herein prescribed. 

The appeal should be accompanied by a report upon the case by the register 
and receiver. This report should recite the proceedings had, to-wit : The appli- 
cation and rejection, with the reasons therefor, the status of the tract involved, 
as shown by the records of the office, together with a reference to all entries, 
filings, annotations, memoranda, and correspondence shown by such record rela- 
ting thereto, so as to direct the atteniion of the Commissioner to all the material 
facts and issues necessary to a proper determination of the questions presented. 

The report should be forwarded at once upon the filing of the appeal, except 
in contested cases after regular hearing, when, unless all parties request its earlier 



101 

traQsmissipn, it should not be made until the expiration of the thirty days in- 
cluded in the notice in Older that all parties may have full opportunity to ex- 
amine the record and prepare their argument upon the questions at issue 

All documents once received must be k^pt on file with the cases, and no papers 
will be allowed under any circumstancs to be removed from such files or taken 
from the custody of the register and receiver ; but access to the same under 
proper rules, so as not to interfere with necessary public business, should be 
permitted to the p-irties in interest, under the supervision of those officers. 

Of tbe sufficiency of such appeal the General Land Oflice will be the judge, 
and will dismiss f.om further notlci ary case wherein the appeal is based upon 
frivolous grounds, or where the proper formalities are wanting, unless, either in 
the record of the ca^^e or upon the books of this office, some sufficient cause shall 
be found f<>r further consideration under the general power of su^'ervision 
vested iu the Commissioner by law. 

Upon any question relatmg to the disposal of the public lands, appeal from 
the decision of the commissioner of the General Land Office will lie to the 
Secretary of the Interior (Rev. Stat., sections 441, 2273), except in cases of in- 
terlocutory orders and decisions and orders for hearing, '^r other matters resting 
in the sound discretion of the Commissioner. These cases constitute matters 
of exception, which should be noted, and they will be considered by the .:ecre- 
tary on review. 

The appeal is required to be made in writing, fairly and specifically stating 
tDe points of exception to the decision appealed from, and must be filed either 
with the regisler and receiver for transmission, or with the Commissioner, within 
5-ixty days from receipt, by the party or his attorney, of the notice of the decision. 
When notice is given through the mail by tbe register and receiver, five days 
are allowed for the transmi sion of the letter from the local land office, and five 
days for the return of the appeal through the same channel, making a total of 
seventy days from date of mai ing. 

After appeal i 5 filed, the fact of its receipt and pendency will be promptly 
communicated to the district office and to the parties, and thirty days from 
service of such ■ otice will be allowed for the filin-j of argument on the points 
involved in the controversy. At the expiration of the time prescribed the papers 
and record will be forwarded to the Secretary of the Interior. All arguments 
bhall be filed with the Commissioner within the time specified in the notice in 
order that they may be referred to and considered in transmitting the case to the 
Secre ary, if deemed expedient by the Commissioner. Examination of cases on 
appeal to the Secretary will be faci itatei by filing in printed form such argu- 
ment as it is desired to have considered. 

Decisions of the Commissioner not appealed from within the period prescribed 
become final, and the case will be regularly closed. (Rev. Stat., section 2273.) 

The decision of the Secraar/ is necessarily final, so far as respects the action 
of the Ex cutive. 

The nnnor details of the manner of proceeding in cases of contest before the 
Commissioner of the General Land Office and the Secretary of the Interior, for 
the information and guidance more esptcially of land officers and attorneys, 
may be found set forth in the official pamphlet of " Rules of Practice." 

THE BOARD OF EQ'JITABLE ADJUDICATION. 

T lie board of equitable a'judi ationis established and its powers defined by 
sections 2450 to 2457 of the Revis/d Statates, am.-nded by act of Febraary 27, 
1877. Ic consis'iS of the Secretary of the Int^jrior, the Attorney-General, and the 
Comarissioner oi the General Land Office, and is authorized to "'decide upon 
principles of eqiity and justice * - * all ca<es of suspended entries of 
public lands •^ * * and to adjudge in what cases patents shall issue upon 
the same." The board has no power to adjudicate adverse claims between con- 
testing parties, but only between the United States and claimants, in caseswhere 
the law has been substantially complied with, but where error or informality has 
arisen from ignora'ce, accident, or mistake which is satisfactorily explained. 

This board is a tribunal of special and limited jurisdiction, ou side of which 
it has no authority, but inside of which it is exclusive. No appeal lies from its 
decisions, nor are they subject to review by any other tribunal. 



102 

DUTIES OF REGISTEKS AND RECEIVERS. 

The duties of registers and receivers iii many cases connected with the ad- 
ministration of thelaw3 regar ling public lands have already bsen incidentally 
set forth. 

In addition thereto they are to observe the following: 

They will be in attendance regularly at their office, keeping the same open 
for the transaction of business from 9 o'clock a. m. tilt 4o clock p. m., and 
giving all proper information and facilities to persons applying therefor. 

They are prohibited from making any charge for their services other than 
such as are provided for by law. (Sections 2238, 223"), and 2246, Rev. Slat.; 
21 Stat., 141; and act of March 3, 1883.) 

But the fees allowed them for testimony reduced to writing by them for c'aim- 
ant- (paragraphs 10 and 11 of Sec 2238, Rev Stat.,) and for furnishing plats or 
diagrams of townships, showing what lands therein are vacant and what are 
taken, and for furnishing lists of lands sold and remaining unsold, shall not he 
taken into account in estimating the maximum of compensation. (Act of March 
3, 1883.) 

Within three days from the close of each month they must make out and 
transmit to the General Land Office a statement of the business of their respect- 
ive offices for the preceding month. 

These reports are in the form of abstracts of pre-emption declarations and 
of soldiers' dtclarat'ons tiled, abstracts of lands sold, abstracts of ho aiesteajs 
entered, abstracts of timber-culture entries allow, d, abstracts of military bounty 
land warrants and of agricultural college scrip located, accompanied by the 
certificates of purchase, receiver's receipts, homestead and timber-culture ap- 
plications and affidavits, military bounty-land warrants and agricultural college 
scrip surrendered as satisfied, and the certificates of location tli r.of; also of 
all other forms of entry or location requiring separate returns. Names of parties 
must be clearly and legibly written in these papers to correspond with the 
signature to every application; and when spelled in two or more ways, or 
illegibly written by the person signing, the register must ascertain by proper 
inquiry the correct orthography, and certify to the same upon the margin of 
the certificate. 

The abstracts, after being c a-efully examined by the register and receiver, 
are to be certified by .them as correct and as in conformity with the papers in 
the entries or locations embraced therein and with their records, which papers, 
abstracts, and r cords must aaree with each other. 

The receiver is required to render promptly, to the Commissioner of the 
General Land Office and to the Secretary of the Treasury a monthly account of 
all moneys received, showing the balance due the Government at the close of 
each month; and at the end «)f every quarter he must also transmit a quarterly 
account. (Sec. 2245, Rev. Stat.) 

He is required to deposit the moneys r^ ceived by hi aa at some depository 
designated by the Secretary of the Treasury, when the amount on hand shall 
have reached the sum of one thousand dollars; and in no case is he authorized, 
without special in«tructions, to hold a larger amount in his hands. 



SUSPENDED ENTRIES. 



RULES AND REGULATIONS. 

Under the act of Congress approved August 3, 1846, entitled "An act' provid- 
ing for the adjustment of all suspended pre-emption land claims in the several 
States and Territories," the following general equitable rules and regulations 
were established for the government of tbe Commissioner of the General Land 
Office. 

The Commissioner will recognize as valid, and place in the first class, sus- 
pended entries of the folio vving description: 

1st. All pre-emption entries in which one or more legal requirements do not 
appear in the papeis because of the neglect or inattention of the land officers, 
but where the existing testimony showi a substantial and bona fide settlement 



103 

and improvement of the lands; or where such facts were satisfactorily shown 
40 the local officers, by proof which was lost in transmission to the General 
Land Office, and cannot now be renewed by reason of the death of witnesses, or 
K)ther cause. 

2d. All pre-emption entries under the Acts of 12 h A-pril, 1814, 29th May, 
1830, 5ih April. 1832, 19th June, 1834, 22d June, 1838, and 1st of June, 1840. 
which have been allowed in rhe name of assignee^, instead of the pre-emptors 
themselves, where the claim is bona fide, and^the assignees or subsequent pur- 
•chascrs are in possession. 

3d. All entries in virtue of " floats,'' under the Acts of 29th of May, 1830, and 
19th June, 1834, were the original settlement (from which the ''float" wa.? de- 
Tived) was bona fide, and had been actually entered, but ^\i.evQQnc\i original set - 
ilement was on land reserved for private claims the survey of which had n„.t 
"been returned at the time of entry ; and also aU entries by such "floats" on 
land liable to sale, where the "float " entries had been m?de prior to the return 
■of the official plat of survey for the original settlement. 

4th. Entiies ^^iliowed by pre empt'on on "sketch maps" (obtained by the 
parties \ bef'.re the r-.turn of he regular approved plat of the township embrac- 
ing the land. 

5th. All entrii s allowed by pre-emption on land which was reserved at the 
^date of the Pre eni'ption Act, but which was released from reser ation before the 
texpiration of said act, where such entries are in other lespects regular. 

6th. Tre-emption entries und( r laws requiring «c^?f«Z residence on public laod, 
in which the risidence was found to be r-n private property, but where the tract 
^entered formed a substantial part of the farm of the claimant, and was improved 
^nd cultivated by him at th-.- period required for residence. 

7tb. Pre-emption entries of legal subdivisions of a fractional section which 
contain more than one hundred and sixty acres, but which are as near that 
-quanti y as the existing subdivisions will al'ow. 

8th, Pre <-mption entries allowed under one pre-emption law, where it shall 
liave been discover.. d that said entries are invalid under that act, but where the 
settlement and improvement is of a character to have entitled the parties to a 
legal and val d claim under a subsequent law, provided the land is not embraced 
by the valid claim of another. 

9th. Pre emption entries in the mineral region, embracing the half of a quar- 
ter section reserved for mineral purposes, where the half -quarter so entered is 
shown not to have contained mineral; and also entries as "floats," allowed to 
the cbjimants, who, by reason of one portion of the quarter-section on which 
they were settled containing mineral, ^ere unable to enter more than the half of 
said quarter section, provided the claim is otherwise a bona fide one. 

10th. Pre-emption entries founded upon a bona fide right of pre-emption, where, 
:as it respects the mode and manner of the entry, there is not a strict conformity 
with the law, but where such tntry does not embrace a quantity exceeding that 
allowed by law, is in accordat ce with the wish of the party or parties interested, 
^nd does not interfere with the rights or interests of another. 

11th. All private sales of tracts which have not been previously offered at pub- 
lic sale, but where the entry appears t ) have been permitted by the land officers 
under the impres^ion that the land was liable to private entry, and there is no 
reason to presume fraud, or to believe that the purchase was made otherwise 
than in good faith. 

12th. All sales made at one land office of lands which were only liable to sale 
at another, where the proceedings in all other respects were regular. 

13th. All bona fide entries on lands which had been once offered, but after- 
wards temporarily withdrawn from market, and then released from reservation, 
where such lands are not rightfully claimed by others. 

14th. All bona fide entries at private sale, allowed at Mineral Poiut, Wisconsin, 
and fully paid for, of lands which were cot ascertained or reported to contain 
lead mineral until after the date of said entries, where the land is not right- 
fully claimed by another. 

The foregoing regulations are not to embrace any case where the entry has 
teen canceled or desired by the party, or where a subsequent entry of the same 
land has been legally made by the claimant himself, or by another person. 

[Rule 15, having become obsolete, is omitted.] 



104 

Under act of Congress, approved 3d of March, 1853, reviving and eontiENiiitg' 
in force the act of 3cl of August, 1846, the following rule was established March 
16th, 1854: 

16th. That all locations under the act of 14th August, 1848, entitled "An act 
in relation to military land warrants," be confirmed, and parents issued thereon, 
where the land located lies in one-body, and the only objection to the location 
is that it consists, technically, of more than one legal subdivision. 



ADDITIONAL RULES, May 8, 1877. 

17. All entries vvhere the pr^-eraption affidavit was taken before an officer au- 
thorized to administer oaths, when, on account of bodily infirmity, the party 
ca'iuot appear at the local office. 

18. All entries where the pre-emption affidavit was taken before some offlficer 
other than the register or receiver, and the pre-emptor died before the defect 
could be cured. 

19. All eniries made upon land appropriated by entry or selection, but which 
entry or selection was subsequently canceled for illegality. 

20. Pre-emption entries in which the party has shown good faith, but did not, 
through ignorance of the law, dec-are his intention to become a citizen of the 
United States after he made his t-ntry. 

21. All entries based upon pre-emption proof where the party had failed to 
file a declaratory statement therefor, provided no adverse claim attached prior to 
entry. 

22 All entries of unoffered land, based upon a second declaratory statement, 
where the same was filed between June 22, 1874, and June 30, 1875. 

23. All pre-emption entries in which the affidavit is defective in not showing 
that the party was not the owner of 320 acres of land in any State or Territory,. 
and bad never had the benefit of the act, the form for which affidavit was fur- 
nished by the local land office. 

24. All homestead entries in which, by reason of ignorance of the law, sick- 
ness of the party or his family, the final proof was not made within the period 
prescribed by the statute, but in other respects the law has been complii d with. 

25. All homestead entries in which the party failed to settle on the land within 
the time required by law by reason of physical disability, and where good faith 
is shown. 

26. All homestead entries by mistake made in the name of the wrong party,. 
but where on final proof the error may be corrected without prejudice to ano- 
ther's right. 

27. In all homestead entries where the husband has deserted his wife and chil- 
dren, if he have any, who have in good faith complied with the homestead law^ 
by residence upon and cultivation of the land and final proof shall be made by 
the wife, or, in case of her death by her heirs or their legal guardians, such en- 
try shall be confirmed, and patent shall issue to the parties entitled thereto. 



UNITED STATES LAND OFFICES. 

Alabama: Huntsville, Montgomery. 

Arkansas: Little Rock, Camden, Harrison, Dardanelle. 

Arizona Territory: Prescott, Tucson. 

California: San Fiancif-co, Marysville, Humboldt, Stockton, Yisalia, Sacra- 
mento, Los Angeles, Shasta^ Susanville, Bodie. 

Colorado: Denver City, Leadville, Central City, Pueblo, Del Norte, Lake 
City, Dmango, Gunnison. 

Dakota Territory: Mitchell, Watertown, Fargo, Yankton, Bismark, Dead- 
wood, Grand Forks, Aberdeen, Huron, Devil's Lake. 

Florida: Gainesville. 

Idaho Territory: Boise City, Lewiston, Oxford, Hailey. 

Iowa: Des Moines. 

Kansas: Topeka, Salina, Independence, Wichita, Kir win, Concordia, Larned>. 
Wa-Keeny, Oberlin, Garden City. 



105 

LoursiANA: New Orleans, !N"atchitoclies. 

Michigan: I 'ctroit, East Saginaw, Reed City, Marquette, 

Minnesota: Tay or's Falls, Saint C:ioud, Duluth, Fergus Falls, "Worthrngton, 
Tracy, Benson, Crooks' on, Eedwood Falls. 

Mississippi: Jackson. 

Missouri: Boone viil , Ironton, Springfield. 

Montana Tekkitory: Miles City Helena, Bozeman. 

Nebraska: Beatrice, Liacoln, Niobrara, Grand Island, North Platte, Bloom- 
ington, Neligli, Valentine. McCook. 

Nevada: Carson Citv, Eureka. 

New Mexico: Santa Fe, Las Cruces. 

Oregon: Oregon City., Roseberg, Legrand, Lake- view, The Dales. 

Utah Territory: Salt I ake City. 

Washington Territory: Olympia, Vancouver, "Walla Walla, Spokane Falls,. 
Yakima. 

Wisconsin: Menasha, Falls of Saint Croix, Wausau, La Crosse, Bayfield, Eau 
Claire. 

Wyoming Territory^: Cheyenne, Evanston. 

Note.— By act of July 31, 1876, the land offices in Ohio, Indiana, and Illinois, 
were abolished; and by act of March 3, 1877, the vacant tracts of public landin 
Ohio, Indiana, and Illinois, are made subject to entry and location at the General 
Land Office, Washington, D. C. 



UNITED STATES PATENT OFFICE. 



HOW IT PROTECTS INVENTIONS, TRADE MARKS, AND LABELS- 
ITS DIFFERENCE FROM FOREIGN OFFICES-RULES OF PRAC- 
TICE—LIST OF FEES-PRICE OF ITS PUBLICATIONS, ETC, 



The great Federal institution known as the Patent Office, in 
itself a monument to American inventive sjenius, takes its rise 
from the power granted to Congress by the Constitution: — 

"To promote the progress of science and the useful arts, by se- 
-curing for limited times to authors and inventors the exclusive 
right of their respective writings and discoveries." Art. 1, sec. 
8, cl. 8. 

This was promptly followed by the establishment of the Pat- 
ent Office in 1790, at . first attached to the State Department, 
and afterwards transferred to the Interior Department, also by 
the establishment of a copyright system, now under charge of 
the Librarian of Congress. Patents are granted to foreign in- 
ventors on the same terms as to citizens, but copyrights are not. 
The result is, that while American inventors can obtain patents 
and collect profits in foreign countries, American authors have 
no such protection against piracy. At every session of Con- 
gress an attempt is made to correct this irregularity. 

A patent belongs to the class of what are called "monopolies/* 
which have been granted at all times by governments; anciently, 
to royal favorites, or, as a means of raisirg revenue. When they 
were first used as a means of rewarding invention, no great 
strictness was applied in European countries in testing the nov- 
elty of the invention. As a result, to this day, almost any rfia- 
chine or device can be registered in foreign patent offices, and 
the question of its novelty or priority is left to be decided after- 
wards in the courts. The United States, since the year 1836, 
undertakes to decide in the beginning the questions of novelty 
and priority, and the result is, that the Patent Office finds need for 
nearly six hundred skilled employees, many of them holding au- 
thority of equal dignity and importance with most j udges of courts, 
^nd is the arena of constant and elaborate litigation. Questions 
are decided in the first instance by one of the principal exam- 
iners, aided by a number of assistants in his respective "class." 
From him an appeal lies to a board of three exarainers-in-chief ; 
from them (or in some cases directly) to the Commissioner, and 
from him to the supreme court of the District of Columbia 
holding a general term. Letters patent granted with this care 



107 

become a very strong proof of risjht, though they are still open 
to contest when they are sought to be enforced through the 
courts. 

During the fiscal year ending June 30, 1886, no less than 
25,619 patents were issued. The revenue of the office reached 
the enormous sum of §1,200,000, while the annual salaries paid 
were $656, 370. The office now has a balance to its credit in the 
Treasury of about $3 000,000. The most onerous feature con- 
sists in the fees charged to applicants. There would be no ob- 
'jection to a tax upon profitable inven ions, such as the telephone, 
but at present it seems that the requirement of fees in advance 
ought generously to be remitted, at least to poor inventors, in a 
similar manner to the grace extended by courts to poor suitors. 

Besides being new, the invention is required by law to be 
''^useful." Tnis is construed to mean only that its purpose shall 
be useful or beneficial to mankind, not that it shall be usable in 
its existing state. There are several fiying machines patented, 
though none of them have been used; but gambling implements 
or immoral devices are not patentable. 

The relation of the Patent Office to **trade-marks " and to 
'^labels " respectively, is peculiar, and will require an attentive 
reading of what is here set forth in respect to them. 



RULES OF PRACTICE 

IN THE 

UNITED STATES PATENT OFFICE 

' CORRESPONDEjSTCE. 

1. All busiiiess with the omce sh^m d be transacted in writino- ¥n]es^ bv thf^ 
consent of at parties, the action of the offlce will be based rxclu.iveJy o^ the 
written record Xo attention wiil be pail to any aHeo-ed oral po-nise st pnla 
tion, or undersfandino-, m relation to which therd i ■ disi^crreement or doubt 

P«l;tl^-''^vn wf ' ""'I'i,^^ ^^^t in thename of the 'Commissioner of 
LlJrit 1 t 1 Je«ei?/^f , other commumcai. ns intended forthe office must be 
returned ' ^^"^""^^'^^ ^^ '^°5^ ^^ the officers they will ordinarily be 

3. Express charges, freight, posage, and all other charges on matter sent to 
the patent office must be prepaid in full ; otherwise it wiJi not b ^ received 

4. The personal attendance of applicants at the patent office is unnecessary 
Their business can be transact d by corn spend ecce unut^i^ebbary. 

5. The assignee of the entire inieres" of an inven ion is entitled to hold cor- 
rrspondence with the office to the exclusion of the i-ventor 

6.^ \\bere l here has been an assignm. nt of an undivided part of an invention 
the inventor and the assignee will both be recognizei as the proper parties to 
hold correspondence with the office, and all amendments and other actions in 
such cases must be signed by both parties; but official letters will be sent in 
d?re^t^^^^ post-office address of theinv.ntor, unless he shall otherwise 

7. When an attorney shall have filed his power of attorney, duly executed 
the correspondence willbe held with him. j cAccuieu, 

8. A double correspondence with tbe inventor and an assignee, or with a nrin- 
cipal and his attorney, or with two attorneys, cannot generally be all-wed 

^ A separate letter should in every case be written in relati.-n to each distinct 
subject of inquiry or application. Assignments for record, final fees and orders 
for copies or abstracts must be sent to the office in separate letters 

10. When a letter concerns an application, it s ould state the name of the an- 

?1 f t^Vt^^ ff ,^^v ^^^,^^tio°' t^e serial number of the application (see Rule 
31), and the date of filing the same. 

♦v^V.?"^!^,^^? letter concerns a patent, it should state the name of the patentee. 
the title of the invention, and the number and date of the patent 

12. No attention will be paid to ex parte statements or proteWof person's con- 
cerning pending apphcations to which they ^re not parties, nnl ess information 



of the pendency of such applicatiocs shall have been voluctarily communicated 
by the applicants. -^ 

13. Letters received at the office will be answered, and orders for nrinted 
copies filled, wiihout unnecessary delay. Tel-grams, il^ not received betore 3 
CiOckp. m., cannot ordinarily be answered until the following day. 

INFORMATION TO CORRESPONDENTS. 

^ 14. The office cannot respond to inquiries as to thenoveby cf an alleo-ed inven- 
tion m advance of an application for a patent, nor to inouiries propounded with 
a view of ascertammg whether any alleged improvemei ts have been patented 
and, if so, t - whom; nor can it act as an expounder of the patent Ian- or as 
iounsel .r for individuals, except as to questions arising within the office ' 



I 



109 



Of the propriety of making an application for a patent the mventor must 
iud'e for himself The omcl is open to him, and its records and models per- 
tanfng to all patents granted may be inspected either by himself or by any attor- 
ney ol expert he maf call to his aid, and its reports are widely distributed (See 
•Rule 216 ) Further' than this the office can render him no assistance until his 
case comes regularly before it in the manner prescribed by law. A copy of the 
rules, with thfs section marked, sent to the individua] making sn inquiry of the 
character referred to, is intended as a respectful answer by the office. Exam- 
inprs' digests are not open to public inspection. tv- • ^^ ^of,Vr, 

15 Caveats and pending applications are preserved in secrecy. ^ o information 
wi'lbe ffiven without authoHty, respecting the flung by any particular person 
of a caveat or of an application for a patent or for the re-issue of a patent, the 
D-ndencY of anv particular case before the office, or the subject matter of any 
particular aDplication, unless it shall be necessary to the proper conduct of busi- 
nS before the office, as provided by Rules 97, 102, and 126. (See Rule 171.) 

16 After a patent has isssued, the model, specfications, drawings, and all docu- 
ments relatini^ to the case are subject to general inspection, and copies, except of 
tbe model, will be furnished at the rates specified m Rule 309. 



ATTORNEYS. 



17 Any person of intelligerce and good moral character may appear as the agent 
or the attorney in fact of an applicant, upon filing a proper power of attorney. 
As the value of patents depends largely upon the careful preparation of the 
snecifications and claims, the assistance of competent counsel will, inmost cases, 
be of advantage to the applicant ; but the value of their services will be propor- 
tionate to =heir skill and honesty, and too much care cannot bs exercised in their 
aeh ction The office cannot assume responsibility for the acts of attorneys, nor 
can it assist applicants in making sekctions. It will, however be unsafe to 
trust tho«e who pret( nd to the possession of any facilities except capacity and 
ailio-ence^ for procuring patents in a shorter time or with broader claims than 



18 Before any attorney, ( riainal or associate, will be allowed to inspect papers 
or take action of any kind his power of attorney must be filed ^ No power of at- 
torney purporting to have been given to a firm or copartnership will be recog- 
nized", either in favor of the firm or of any of its members, unless all its members 
sh>ll be named in such rower of attorney. , , ^^ ^. ... „„ 

19 Substitution or association can be made by an attorney upon the written au- 
thorization of his principal ; but such authorization will not empower the 
second agent to appoint a third. j. * 

20 f owers of attorney may be revoked at any stage in the proceedings of a 
ca^-e"upon application to and approval of the Commissioner; and when so re- 
voke * the office will communicate directly with the applicant or such other 
attorney as he may appoint. At orneys will be promptly n )tified by the ex- 
aminer in charge of the case, of tbe revocation of their powers of attorney. 
An assignment of an undivided interest will not operate as a revocation of the 
power prevlousy given, but the assignee of the entire interest may be repre- 
sented by an attornev of his own selection. . ., . • ..i,^ 

21 Parties or their attorneys will be permitted to examine their cases m the 
attorneys' room, but not in the rooms of the examiners. Persond mterviews 
with examiners will be permitted only as hereinafter provided. (See Rules 147, 

22 Attorneys will be required to conduct their business with the office with 
decorum and courtesy. Papers presented in violation of this requivement will 
ordinarily be returned. Complaints against examiners and other officers must 
be made in separate communications and will be promptly investigated, t or 
ffro«s misconduct the commissioner may refuse to recognize any p-rson as a 
patent agent, either generally or in any particular case; but the re asor s f or 
such refusal will be duly recorded and be subject to the approval of the Secre- 
tary of the Interior. , i. , . i a 

23 Inasmuch as applications cannot be examined out of their regular order, 
except in accordance with tbe provisions of Rule 62, and members of congress 
can iieilher examine nor act in patent cases without written powers of attorney, 
applicants are advised not to impose upon senators or representatives labor 
which will consume their time without any advantageous results. 



no 

APPLICANTS. 

24. A patent may be obtained by any person who has invented or discovered 
any new and useful art, machine, manufacture, or composition of matter, or 
any new and useful improvement thereof, not known or used by others in this 
country, and not patented or described in any printed publication in this or 
any foreign country, before his invention or discovery thereof, and not in 
public use or on sale for more than two years prior to his application, unless 
the same is proved to have been abandoned; and by any person who, by his 
own industry, genius, efforts, and expense, has invented and produced any new 
and original design for a manufactuie, bust, statue, alto-relievo, or bas-relief; 
any new and original design for the printing of woolen, silk, cotton, or other 
fabrics; any new and original impression, ornament, pattern, print, or picture 
to be piinted, painted, cast, or otherwise placed on or worked into any article of 
manufacture; or any new, useful, and original shape or configuration of any 
article of manufacture, the same not having been known nor used by others 
before his invention or production thereof, nor patented nor described in any 
printed publication, upon payment of the fees required by law and other due 
proceedings had. ; See Rules 78 to 83. ) 

25. In case of the death of the inventor, the application may be made by, and 
the patent will issue to, his executor or administrator. In such case the oath 
will be made by the executor or administrator. 

36. In case of an assignment of the whole interest in the invention, or of the 
whole interest in the patent to be granted, the patent will, upon request of the 
applicant, issue to the assignee; and if the a-signee hold an undivided part inter- 
est., the patent will, upon lilie request, issue jointly to the inventor and the assignee; 
but tiie assignment in either case must first have been entered of record, and 
at a day not later than the date of the payment of the final fee; and if it be dated 
subsequently to the execution of the application, it must give the date of execu- 
tion of the application, or the date of filing, or the serial number, so that there 
can be no mistake as to the particular invention intended. The application and 
oath must be made by the actual inventor, if alive, even if the patent is to issue 
to an assignee. If the invento. be dead, it may be made by the executor or ad- 
ministrator. 

27. If it appear that the inventor, at the time of making his application, be- 
ll ev(d himself to be the first inventor or discoverer, a patent will not be refused 
on account of the inveoti-n and discovery, or any part thereof, having been 
known or used in any foreign country befc^re his invention or discovery thereof^ 
if it had not been belore patented or described in any printed publication. 

28. Joint inventors aie eij titled to a joint patent; neither can claim one sepa- 
rately. Independent inventors of distinct and independent improvements in 
the sane machine cannot obtain a jomt patent for their separate inventions; 
nor does the fact that one furnishes the capital and another makes the invention 
entit.e tbem to ma'^^e applicat on as joint inventors; but in such case they may 
become joint patentees, upon the conditions prescribed in Rule 26. 

29. The receipt of lett rs patent from a foreign government will not prevent 
the inventor from obt lining a patent in the United Stats, s unless the invention 
shall have been introduced into public use in the United Stat^^s more than two 
years prior to the application But every patent granted for an invention which 
has been previously paten' ed by the same inventor in a foreign country will be 
so limited as to expire at the same t me with the foreign patent, or, if there be 
more than one, at the same time with the one having tde shortest unexpired 
term ; but in no case will it be in force more than seventeen years, 

THE APPLICATION. 

30. Applications for letters patent of the United States must be made to the Com- 
missioner of Patents. A cooaplete appHcition c )mprises the petition, specifica- 
tion, oath, and drawings, aad the model or specimen when required (see Rules 
28, 48, 55, 57, 61), and first fee of $15. The petition, ?-pecification, and oath must 
be written in the English language. 

31. No application for a patent v/ill be placed upon the files for examination until 
all its parts, except the model or specimen, are received. Every application 
signed or sworn to in blank, or without actua"! inspection of the petition 



Ill 

and specification, or altered or partly filled up after being signed or sworn to, 
will be stiicktn from the files. Completed applications are numbered in regular 
order, the present series having teen commenced on the 1st of January, 1880. 
The applicant will be informed of the serial number of his application. 

The application must be completed and prepared for examination within two 
years after the filing of the petition ; and in default thereof, or upon failure of 
the applicant to prosecute the same within two years after any action thereon, 
of which notice shall have been duly mailed to him or his agent, it will be re- 
gaideJ as abandone ^ unless it shall ' e shown to the satisfaction of the Corn- 
mis iontr tbat such delay was unavoidable, (See RuUs 165—167.) 

33. It is desirable that all parts of the complete application be deposited in the 
Office at the same time, and that all the papers embraced in the application be 
attached together, otherwise a letter must accompany each part, accurately and 
clearly connecting it with the other parts of the : pplication. (See Rule 10.) 

THE PETITION. 

33. The petition must be addressed to the Commissioner of Patents, and state 
the name and residence of the petitioner, requesting the grant of a patent for 
the invention therein designated by title, with a reference to the specification for a 
full disclosure thereof. 

THE SPECIFIC A TIOls. 

34. The specification is a written description of the invention or discovery, 
and of the manner and process of making, constructing, compounding, and 
using the same; and is required to be in such full, clear, concise, and exact terms 
as to enable any person skilled in the art or science to which it appertains, or 
with which it is most nearly connected, to make, construct, compound, and use, 
the same. 

35. The specification must set forth the precise invent'on for which a patent 
ds solicited, explaining the principle thereof and the best mode in which the 
applicant hr s conteooplated applying that principle, so as to distinguish it from 
other inventioDS. 

36. In case of a mere improvement, the specification must particularly point 
out the pans to which it relates, and must, by explicit 1 nguage, distinguish be- 
tween what is old and what is claimed as nsw, and the description and the draw- 
ings, as well as the claims, should be confined to the specific improvement and 
such parts as necessarily co-operate with it 

37. The specific ition must conclndewith aspecificanddistinct claim or claims 
of the part, improvement, or combination which the applicant regards as his in 
vention or discovery. 

38. Where there are drawings the description will refer to the different views 
by figures and to the different parts by letters or figures (preferably the latter). 

39. The following order of arrangement should be observed in framing the 
specification: 

(1. ) Preamble stating the name and residence of the applicant, and the title of 
the invention, and, if the invention has been patented in any country, the country 
or count! ies in which it has been so patented, and the date and number of each 
patent 

(2.) General statement of the object and nature of the invention. 

(3 ) Brifcf description of the several views of the drawings (if the invention, 
admits such illustration). 
^ (4.) Detailed description. 

(5.) Claim or claims. 

(6.) Signature of inventor. 

(7.) Signatures of two witnesses. 

40. Two or more independent inventions cannot be claimed in one application,, 
but where several distinct inventions are dependent upon each other and mutu- 
ally contribute to produce a single result they may be claimed in one applica- 
tion. An application shouM not ordinarily embrace matters belonging to dis- 
tinct official classes, nor matters belonging to distinct sub-c' asses in cases where 
a conrtrary practice has heretofore prevailed among applicants. 

41 If teeveral inventions, claimed in a single application, be of such a nature 
that a single patent may not be issu^,d to cover them, the inventor will be re- 



112 

I 

quired to limit the description, drawing, and claim of. tlippeading application 
to whichever invention he may elect. The other inventions may be made the 
subjects of separate applicatio as, which must conform to the rules applicable 
to original applications. If the independence of the inventions be clear, such 
limitation will be made before any action upon the merits; otherwise it may be 
made at any time before final action thereon, in the discretion of the Examiner. 

42. When an applicant makes two or more applications relating to the same 
subject-matter of invention, all showing, but only one claiming, the same thing, 
those not claiming it must contain disclaimers thereof, with references to the ap- 
plication claiming it. 

43. The specification must be signed by the inventor or by his executor or ad- 
ministrator, and the signature must be attested by two witnesses. Full names 
must be given, and all names, whether of applicants or witnesses, must be legi- 
bly written. 

44. The specification and claims and all amendments must be plainly written 
or printed on but one side of the paper. Ail interlineations and erasuies must 
be clearly marked in marginal or foot notes written on the same sheet of paper. 
Legal -cap paper with the lines numbered is deemed preferable, and a wide 
margin must always be reserved upon the left-hand side of the page, both of the 
specification and of the amendments. 

THE OATH. 

45. The applicant, if the inventor, must make oath or affirmation that he does 
verily believe himself to be the original and first inventoror discoverer of the art, 
machine, manufacture, composition, or improvement for which he solicits a pat- 
ent, and that he does not kaow and does not believe that the same was ever be- 
fore known or used, and shall state of what country he is a citizen and where 
he resides. In every original application the applicant must distinctly state, 
under oath, whether the invention has or has not been patented to himse f, ovto 
others with his consent or knowledge, in any country, and if it has bef^n, the 
country or countries in which it has been so patented, giving the date and num- 
ber of each patent, and that it has not been patented in any ot er country or 
countries than those mentioned, and must state that, according to his knowl- 
edge and belief, the same has not been in public use or on sale in the United States 
for more than two years prior to the application in this country. (See Rule 39.) 

46. If the application be made by an executor or administrator, ihe form of 
the oath will be correspondingly changed. Ihe qath or afl!irmaiion maybe 
made before any person within the United States authorized by law to sd- 
minister oaths, or, when the applicant resides in a foi eign country, before any 
minister, charge d'affaires, consul, or commercial agent holding commissions 
under the Government of the United States, or before any notary public of the 
foreign cormtry in which the applicant may be, the oalh being attested in all 
cases, in this and other countries, by the proper official seal of the officer before 
whom the oath or aflSrmation is made. When the person before whom the oath 
or affirmation is made is not provided with a seal, his official character shall be 
established by competent evidence, as by a ceitificate from a cl rk of a court of 
record or other proper officer having a seal 

47. Incase the applicant seeks by amendment t^ introduce any claim not 
substantially embraced in the statement of invention or claim originally prC' 
sented, and, therefore, not covered hy the original oath, he will be required to 
file a supplemental o ith to the effect that the subject matter of the proposed 
amendment was part of his invention and was invnttd before he fited his 
original application, and such supplemental o^th mu^t be attached to and 
properly identify the proposed amendment. 

48. 1 he applicant for a patent is required by 'aw to furnish a drawing of his 
invention where the nature of ihe case admits of it. 

49. The drawing must be signed by the inventor or by his attorney in fact, 
and attested by two witnesses, and must show every feature of the invention 
covered by the claims, and when the invention consis s of an improvement on 
an old machine, it must exhibit, in one or more views, the invention it; elf, dis- 

Note.— In all applications for letters patent filed subsequent to October 24, 1883, the 
signature of the applicant is required to the oath. 



113 

■connected from the old structure, and also, in another view, so much only of 
the old structure as will sulhce to show the connection of ihe invention there- 
with. 

50. Three several editions of i^atent drawings are printed and published: one 
for office use, certified copies, etc., of the size ai:d character of those attached 
to patents, the work being about 6 hy 9| inches; one reduced to half that scale, 
or one-fourth the surface, of which four will be printed on a page to illustrate 
the volumes distributed to the courts; and one reduction — to about the same 
scale— of a selected portion of each drawin;,^ to il]u>tratc the Official Gazette. 

This work will all be done by the photolithographic or other analogous pro- 
cess, and therefore the character of c^ch original drawing must be brought as 
nearly as possible to a uniform standard of excellence, suit^'d to the require 
ments of the process, and calculated to -give the best results, in the iiiteiesti of 
inventors, of the office, and of the public generally. The following rules will 
therefore be rigidly enforced, and any departure from them will be cer ain to 
cause delay in the examination of an application for letters patent: 

(1.) Drawings must be made upon pure white paper of a thickness correspond- 
ing to three-sheet Bristol board. The surface of the paper must be calendered 
and smooth. India ink alone must be used, to secure perfectly black and solid 
lines. 

(2. ! The size of a sheet on which a drawing is made must be exactly 10 by 
15 inches. One inch from its edges a single marginal line is to be drawn, 
leaving the "sight" precisely 8 by 13 inches. Within this margin all work and 
^signatures must be included. One of the shorter sides of the sheet is regarded 
as its top, and, measuring downward from the marginal line, a space of not less 
than li inch is to be left blank for the heading of title, name, number, and date. 

(3.) All drawings must be made with the pen only. Every line and letter 
(signatures included) must be absolutely black. This direction applies to all 
lines, however fine, to shading, and to lines representing cut surfaces in sectional 
view. All lines must be clean, sharp, and solid, and they must not be too fine 
or crowded. Surface shading, when used, should be open. Sectional shading 
should be made by oblique parallel lines, which may be about one-twentieth of 
an inch apart. 

(4.) Drawings should be made with the fewest lines possible consistent with 
clearness. By the observaoce of this ru'e the effectiveness of the work after 
rtduction will be much incrensed. Shading (except on. sectional views) should 
be used only on convex and concave surfaces, whirre it should be used sparingly, 
and may even there be dispensed with if the drawing is otherwise well executed. 
The plane upon which a sectional view is talren should be indicated on the gen- 
eral view by a broken or do'.ted line. Hea^^y lines en the shade sides of objects 
should be us:d, <^xcppt wh re they ten! to thicken the work and obscure letters 
of reference. The light is always supposed to come from the upper left-hand 
corner at an angle of "forty-five degrees. Imitaiioas of wood W surface-grain- 
ing should not be attempted. 

(5.) The scale to which a drawing is male ought to be large enough to show 
the mechanism without crowding, and two or more- sheets should be used if one 
does not give sufficient room to accomplish this end; but the number of sheets 
must never be increased unL ss it is absolutely U'^cessary 

(6.) Letters and figures of n fere nee must becareiuliy formed. They should, 
if po&sible, measure at least ne civ.hth of an inch in height, so that they may 
bear reduction to one-tv.enty fourth .f an. inch; and they may be much larger 
when there is sufficient room. They must be so placed in the close and com- 
plex parts of drawings hs not to int'rfere witli ath.ro '■gh comprth-.-nsion of the 
same, and iherefore should rarely cross or mingle with the lines. Wh^n neces- 
sarily grouped around a cert in part, th-y shou d be placed at a little distance, 
where there is av .liable space, and connected by short broken lines with the 
parts to which they refer. They must never appear upon shaded : urfaces, ai'd, 
when it is difficult to avoid this, a blank space must be left in the shading where 
the letter < ccur,;, so that it shall appear perfectly distinct and separde from the 
work. If the same part of an invention app ar in more than one view of the 
drawing it must ^dways be repre-ented by the same character, and the same 
chura'';ter must never be used to designate different [)arts. 

{1. } The signature of the inventor is to be placed at the lower right-hand cor- 
ner of the sheet, and the signature^^ of the witnesses a*", the lower left-hand cor- 
ner, all Within tire marginal line. The t tie is to be written with pencil on the 

w G w 8 



114 

back of tbe sheet. The permanent names and title will be supplied subse- 
quently by the office in uniform style. 

When views are longer than the width of the sheet, the sheet is to be turned 
on its side, and the heading will be placed at the right, and the signatures at the 
left, occupying the same space and position as in the upright views, and being^ 
horizontal when the sheet is held in an upright position ; and bM views on the 
same sheet must star.d in the same direction. 

(8.) As a rule, one view only of each invention can be shown in the fazette 
illustrations. The selection of that portion of a drjiwing best calculi t( d to ex- 
plain the nature of the specific improvement would be facilitated, &nd the final 
result improved, by the judicious execution of a figure with express reference 
to the Gazette, but which mJglit, at the sam.e time, serve f;s one of the figures re- 
ferred to in the specification. For this purpose, the figure may be a plan, eleva- 
tion, section or perspective view, according to the judgment of the draftsman. 
It must not cover a space exceeding sixteen square inches. Ail its p^rts should 
be especially open and distinct, with very little or no shading, and it must illus- 
trate the invention claimed only, to the exclusion of all other details. When 
well executed, it will be ustd without curtailment or change; but jmy excessive 
fineness, or crowding, or urnecefsary elaborateness of detail, will necessitate its 
exclusion from the Gazette. 

(9. ' Drawings should be rolled for transmission to the office, not folded. No 
agent's or attorney's stamp, or advertisemtnt, or written address will be permit- 
ted upon tbe face of a drawing within or without the marginal line. 

51. These rules are modified as to drawings for designs. (See Rules for De- 
signs, 81, 82,83.) 

52. A\[ reissue applicatiocs must be accompained by new drawings, of the 
character required in original applications, ard the inventor's name must ap- 
pear upon the same in all cases of patents granted or assigned since July 8, 
1870; and such drawings, if the original applicaticn was filed after July 8, 1870, 
shall be made upon the same scale as the original drawing or upon a larger 
scale, unless a reduction ( f scale shall be authorized by the Commissioner. 

53. The foregoing rules relating to drawings will be rigidly enforced. Every 
drawing not artistically executed in cf nfoimity thereto may be admitted for 
purposes of examination if it sufficiently illustrates the invention, but in such 
cases a new drawing must be furnished before the application can be allowed. 
The office will make the necessary corrections at the applicant's option and cost. 

54. Applicants are advised to employ competent artists to make their draw 
ings. The office will furnish Ihe drawings at cost, as promptly as its draftsmen 
can make them, for applicants who cannot otherwise conveniently procure 
them. 

No employees of the patent office, except those regularly assigned to such 
duty, will make any drawings, whether copies or original, fcr applicants, agents 
cr attorneys. 

THE MODEL. 

55. Preliminary examinations will not be made for the purpose of determin- 
ing whether miodels are required in particular cases. Applications complete in 
all other respects will be sent to the examinin.jf divisions, whether models are 
or are not furnished. A model will not be required or admitted as a part of the 
applicaticn until, on examination of ihe ca?e in its regular order, the primary 
examiner shall find it to be necessary or useful, and shall file a written certifi- 
cate to that effect, which will constitute an official action in the case. Models 
not required nor admitted, if already filed, will be returned to the applicants. 
When a model shaU be required the examination will he suspended untiJ it shall 
be filed. From a decision of the primary examiner overruling a motion to dis- 
pense with a model an appeal may be taken to the Commissioner in person^ 
under the provisions of Rule 140. 

56. The model must clearly exhibit every feature of the machine which forms 
the subject of a claim of invention, but should not include other matter than 
that covered by the actual invention or improvement, unless it is necessary to 
the exhibition of the invention in a working model. 

57. The model must be neatly and substantially made, of durable material, 
metal bang deemed preferable; but when a material forms an essential feature 



115 

of the inYeniiop, the mode i ta ill be c nstruct^ d of thct mateiial. The mode's 
must not he move ihsn one fcot in lengtb, width or height, except in f asf s in 
which the Ci mnjissioner shall admit working models of compli. a'ed macbines 
of larger dimensionp. If mr de of wood, if must be painted or varnished. Glue 
must not 1 e used; but the laits sht uld be so connected as to lesist the -acdon of 
heat cr moisture. "V^ here practicable, to prevent loss, the model or specimen 
should have the name of the inventor permanently fixed thereon. In cases 
where models are not vaCe strong and fub^tfinlia], as here directed, the appli- 
cation will not be examined until a proper model is furnished. 

5S. A working model is often desirable, in order to enable the ofiice fully and 
readily to understand the precise operation of the machine. 

59. In all cases where an application has been rejected more than two years, 
the model, unless it is c eemed necessary th&t it should be preserved in the office, 
may be returned to the applicant upon demand, and at his expense; and the 
model, in any pending case of less thtm two y( ais' standing, may be returned to 
the applicai t upon the filing of a formal abandonment of tl e applica'ion, signed 
by the applicant in person. ( SeeEule 165.) Models belonging to patented cases 
will not be taken from the cfiire except in tie custcdy of some sworn emplo} ee 
of the office specially autborizeel by the Commissie ner. 

60. Models filed as exhibits, in contested cases, may ] e returned to the appli- 
cant. If not claimed within a reasonable time they may be disposed of, at the 

discretion of the Commissioner. 

« 

SPECIMENS. 

61. When the invention oi discovery is a composition of matter, the applicant, 
if required by the Commi'-sioner, shall furrish specimens of the composition, 
and of its ingredients, sufficient in quantity for the purpose of experiment. In 
all cases where the f.rticle is not perishable, a specimen of the composition 
claimed, put up in proper form to be preserved by the office, must be furnished. 

THE EXAMINATION. 

62. All cases in the patent office are classified and taken up for examination 
in regular order, those in the same class of invention being examined and dis- 
posed cf, as far as practicable, in the order in which the respective aj plications 
are conipleted; but applicatiems which have received action by an examiner and 
have been put into cc)ndition for further action on his part shall be entitled to 
precedence over completed applications in the same class of invention which 
have received no action. "When, however, the invention is deemed of peculiar 
importance to some branch of the public service, and when for that reason the 
head of some department of the Government specially requests immediate ac- 
tion, the case will be taken up out of its order. These, with cases remanded by 
an appellate tribunal for further action, statements of grounds of decisions by 
primary examiners, provided for in Bules 130 and 140, applications f3r exten- 
sions, for reissue, for letters patent for inventions for which foreign patents have 
already been obtained, and for designs, have precedence over all others in the 
order enumerated. Action upon such cases in the order indicated wid be 
promptlv made by the examiner in charge, to the exclusion of all other business 
interfering therewith.* 

63. The first step in the examination of an application will be to determine 
whether it is, in a<l respects, in proper form. If, however, the objections as to 
form are not vital, the examiner may proceed to the consideration of the appli- 
cation en its merits; but in such case he must, if possible, in his first letter to 
the applicant, state all his objections, whether formal or otherwise, and until 
the formal objections are disposed of no further action will be taken upon its 
\neiits without the order of the Commissioner. 

EEJECTIONS AND PvEFEEENCEt^. 

64. Whenever, on examination, any claim of an application is rejected for 
any reason whatever, the a'^plicant will be notified thereof, and the reason for 

* 2^'OTE — If an application is found to contain patentable f-ut>ject-matter irterferirig 
with a caveat its a lowance will be suspended, as hereinafter provided in Kule 196. 



116 

such rejection will be fully and precisely stated, and such information and ref- 
erences will be given as may be useful in judging of the propriety of prosecu- 
ting his application or of altering his specification; and if, after receiving such 
notice, he shall persist in his claim, with or without altering his specification, 
the case will be re examined. If upon re-examination it shall be again rejected, 
the reasons therefor will be fully and precisely stated. (See Rule 89.) 

65. Upon the rejection of an application for want of novelty, the examiner 
must cite the best references at his command. If patents be cited, their dates 
and numbers, the names of the pateutees, and the cLsses of invention must be 
stated. When the refereice shows or describe^ inventions other than that 
claimed by the applicant, the particular part relied on will be designated as 
nearly as practicable. The pertinence of the reference, if cot obvious, must be 
clearly explained and the anticiprted claim specified. If printed publications 
be cited, the title, date, page, or plate, and place of publication, or plare where 
a copy can be found, will be given. When reference is made tc facts within 
the personal knowledge of an employee of the office, the data will be as specific 
as possible, and the reference must be supported by the afiidavit of such em- 
ployee, which shall be subject to contradiction, explanation, and corroboration 
by "the affidavits of the applic: nt and other persons. If the patent or other 
printed matter, plates, or drawings, so referred to, are in the possession of the 
ofiice, copies will be lurnishcd at cost upon the order of the applicant. (See 
Eule 171.) 

66. Whenever, in the treatment of an ex parte application, an adverse decision 
is made upon any preliminaiy or intermediate question, without the rejection of 
any claim, notice thereof, together with the leasoLS therefor, will be given to 
the applicant, in order that he may judge of the propriety of the action. If, 
after receiving such notice, he traverse the propriety of the action, the matter 
will be reconsidered, 

AMEInDMENTS and actions by APPIJCANTS. 

67. The applicant has a right to amend before or after the first rejection; and 
he may amend as often as the examiner presf nts any new references or reasons 
f')r rejection. In so amending the applicant mu'rt clearly point out all of the 
patentiible novelty which he thmks the case presents, in view of the statti of the 
art disclose i by the ref;.rences ciied or objections made. He muit also show 
how till amendments avoid such reference or objection^. Aftv r appeal, or aft r 
^ uch action on all the claims as sball entitle the applirant to an appeal to the 
beard of eyammers-in-chief, amendments will not ordinarily be allowed. If 
such ameriiments are ofiered, good and sufficient cause therefor mu tbesbown, 
together with ihe reasons why they were net carder presented; and, if satisfied 
on the. e points, the examiner may admit and consider tLem. If the examiner 
shall refuse to admit and consider fuch amendments, an appeal will lie to the 
Commissioner, as in oth. r cases. No amendment can be made between hearing 
on appeal and decision; and after decision of any appellate tribunal amend- 
ments can be made only in accordance with such decision, except as provided 
in Rule 137, 

68, In order to be entitled to the reconsideration provided for in Rule 66, the 
applicant must make ree]uest therefor in writi"'g, and he must disiinctly and 
specifically point out the supposed errois of the examiner's action. The mere 
allegatiou that the examdnei has eircd will not be received as a proper reason 
for such reconsideration. This provision does not apply to the case of a de- 
mand for re-.xamination upon the rejection of a claim under Rule 64, 

69, In original applications, which are capable of illustration by drawing or 
model, all amendments of the model, drawings, or specification or of additions 
thereto must conform to at least one of them as they were at the time of tiic 
filing of the appicatim. Matter not found in either involviog a departure from 
the original invention can bu shown or claimed only in a separate application. 
If the invention does not admit of illustration by drawing or model, amendment 
of the specification is permitted upon proof satisfactory to the Commissioner 
that the matter covered by the proposed amendment was a part of the original 
invention; ihe affidavits prescribed in Rule 47 may or may not be sufficient. 

70, The specific ition must be amended and revised, when required, for the 



117 

purpose of correcting inaccuracies of description or unnecessary prolixity, and of 
securing correspondence between the claim and the other parts of the specifica- 
tion. 

71. After the completion of the application the office will not return the speci- 
fication for any purpose whatever. The model or drawing* (hut not both at 
the same time) may be withdrawn for correction. If applicants have not pre 
served copies of such papers as they wish to amend, the office will furnish them 
on the usuiil terms. 

72. All amendments of specifications or claims must ba made on sheets of 
paper sepu-ate from the original. Even when the amendment consists in strik- 
ing out a portion of the specification or of the claims, the sam.e course must be 
observed Erasures must not be made by the applicant. In every case of 
amendment the exact word or words to be stricken out or inserted must be 
clearlj^ specified, and the precise point in.licated where the erasure or insertion 
is to be made. (See Eule 44.) 

73. When an amendatory clause is amended it must be wholly rewritten, so 
that no inteilineation or erasure shall appear in the clause, as finally amended, 
whs n the case U passed to issue. If thi number or nature of the amendments 
shall render it otherwise difficult to consider the case, or to arrange the papers 
for printi-'g or copying, the examiner or Commissioner may require the entire 
specification to be rewritten. (See'Rule 44.) 

74. When an original or reissue application is rejected on reference to an ex- 
pired or unexpired domestic patent, which substantially shows or describes but 
does not claim the rejected invention, or to a foreign patent, or to a printed pub- 
lication, and the applicant Sball make oath to facts showing a completion of the 
invention before the filing of the application for the domestic patent, or before 
the date of the foreiirn patent, or before the date at which the printed publica- 
tion was made, aad shall also make oath that he does not know and does not 
believe that the invention has been in public use or on sale in this country for 
more than two years prior to his application, and that he has n',ver abandoned 
the invention, then the patent or publication cited will not bar the grant of a 
patent to the applicant, except upon interference, as provided in Uute 94. 

75. When an application is rejected on reference to an expired or unexpired 
domestic patent which shows or describes, but does not claim, the rejected in- 
vention, or to a foreign patent, or to a printed publication, or to facts witbitj the 
personal knowledge of an employee of the office, set foith in an affidavit of 
such employee, or on the ground of public use or sale, or upon a mode or capa- 
bility of operation attributed to a reference, or because the alleged invention is 
held to be inoperative, or frivolous, or injurious t^ public health or morals, af- 
fidavits or depos.tions supporting or traversing these references or objections 
may be received; but they will be received in no other cases, without special 
permission of the Commissioner. (See Rule 86.) 

76. If an applicant neglect to prosecute his application for two years after the 
date wh -m the last official notice of any action by the office was mailed to him, 
the application will be held to bj abandoned, as set forth in Rule 165. 

77 Applications in interference can be amended only as provided in Rules 
104, 124, 12=). After notice of allowance of an application for a patent, no 
amenaments will be received, nor will the examiaer have any jurisdiction over 
the application, unless by authority of the Commissioner. Amendments not af- 
fecting the merits may be made after allowance and after payment of the final 
fee, on the recommendation of the primary examicer, approved by the Commis- 
sioner, without v^ithdiawing the application frcm if sue. (See Eule IGO.; 

DESIGNS. 

78. A patent for a design may be granted to any person, whether citizen or 
alien, in the cases speciflid in Rule 24, upon payment of .the duty required by 
law, and other due proceedings had, as in other cases of inventions or discov- 
eries. 

79. Patents for designs are granted for the term of three and one-half year?, 
or for s even years, or for fourteen years, as the applicant may, in his application, 
elect. 

*NoTE.— Drawings will in bo instance "be returned to an applicaiit cr liis authorized 
agent unless a model has been filed and accepted by the Examiner as a part of the appli- 
cation. 



118 

80. The proceedings in applicalions for patents for designs are substantial!}' the 
same as in applications for other patents. The specification must distinctly point 
out the characteristic features of the design, and carefully distiDguisli between 
what is old and what is believed to be new. The claims also, when the design 
admits of it, should be as distinct and specific as in the case cf other pat nis. 
Th.^ following orrler of arrangement should be observed, when convenient in 
framing the. specification : 

(1.) Preamble showing name and residence of the applicant, title of the de- 
sign, and the name of the article for which the design has been invented. 

(2.) Detailed description of the design as it appears in the drawing or photo- 
graph, letters or figures of reference being used. 

(3. ) Claim or claims. 

(4.) Bignature of inventor. 

(5.) Signature of two witnesses. 

81. When the design can be sufficiently represented by drawings or photo 
graphs, a model will not be required . 

82. Whenever a photograph or an engraving is employed to illustrate the 
design it must be m( unted upon Bristol board, 10 by 15 inches in size, and 
properly signed and witnessed. The applicant will be required to furnish ten 
extra copies of such photograph or engraving (not mounted), of a size not exceed- 
ing 1i inches by 11. Negatives are not required. 

83. Whenever the design is represented by a drawing made to conform to the 
rules laid down for drawings of mechanical inventions but one copy need be 
furnished. Additional c ^pies will be supplied by the photolithographic process 
at the expense of the patent office. 

REISSUES. 

84. A reissue is granted to the original patentee, his legal represenf.atives, or 
the assignees of the entire interest, when, by reason of a defective or insufficient 
specification, or by reason oi the patentee claiming as his invention or discovery 
more than he had a right to claim as new, tbe original patent is inopera ive or 
invalid, provided the evror has aas m from inadvertence, acci lent, or mistake, 
and without any fraudulent or decep ive intention. In the cas? s of patents 
issued and a signed prior to Ju^y 8, 1870, the applications for reis ue may be 
made by the assignees ; but in the cases of patents issued or assigned since that 
date, the applications must be made and the specification sworn to by the invent- 
ors, if they be living. 

85. The petition for a reissue must be accompanied with a certified cooy of 
the abstracts of title, giving the names of all assignees owning any undivided 
interest in the patent; and in case the application is made by the inventor, it 
must be ac^^ompanied with the written assent of such assignees. 

8o. Applicants for reissue, in addition to the requirements of Rule 45, must 
also file with their petitions a statement on oath as fol'ows: 

1st. That applicant verily believes the original patent to be inopera' ive or 
invalid, and the reason why. 

2d. Where it is claimed that such patent is so inoperative or invalid "by 
reason of a def; ctive or insufficient specification," particularly specifying such 
defects or insufficiencies. 

3d. Where it is claimed that such patent is inoperative or invalid "by reason 
of the patentee claiming as his ovm invention or discov ry more than he had a 
right to c'aim as new,' distinctiy stating such part or parts so alleged to have 
been so improperly claimed as new. 

4ih. Particularly specifying the errors which it is claimed contltute the in- 
advertence, accident, or m'istake relied upon, and how they arose or occurred. 

5th. That s-aid errors arose "without at y fraudulent or deceptive intention" 
on the part of the applicant. 

87. No new matter shall be introduced into the reissue specification, nor in 
case of a machine shall the model or drawings be amended except each by the 
othi?r; but when there is neither model nor drawing, amendments may be made 
upon pro f satisfactory to the Commissioner that such new matter or amend- 
ment was a parr, of the original invention, and was omitted from the specifica 
tion by inadver;;encc, accident, or mi>take. 

88. The Commissioner may, in his- discretion, cause several patents to be 
Issued for distinct and separate parts of the thing patented, upon demand of the 



119 

applicant, and upon payment of the required fee for each division of such re- 
issue! letters pat' nt. Each division of a reissue constitutes the' subject of a 
separate specificf tion descriplive of the pait or parts of the invention claimed in 
such division; and the drawing may represent only such part or parts, subject 
to tue provisions of Bule 49. Unless it shali be otherwise ordered by the Com- 
missioner, all tlie divisi us of a reissue will issue simultane;jusly; if there be 
€on!r <versy as to one, the other-; will be withhe'id from issue until the contro- 
versy is ended, unless he shall otherwise order. 

89. In cases of application for reissue, an original claim, if reproduced in the 
amended specification, is 'subject tore-examination, and the entire application 
will be revised and restricted in the same manner as original applications. 

90. The application for a reissue mu ^t be accompanied by a surrender of the 
original patent, or, if that is lost, by an aflldavit to that effect, and a certified 
copy of the patent; but if a reissue be refused, the original patent will, upon re- 
quest, be returned to the applicant. 

91. Matter which is shown and described, and might have been lawfully 
claimed, in an unexpired patent, but was not claimed by reason of a defect or 
insut^ficieacy in tiie specification, arising from inadvertence, accident, or mis 
take, and without fraud or deceptive intent, cannot be subsequently claimed by 
the patentee in a separate patent, but only in a reissue of the original patent. 

INTERFERENCES. 

93. An interference is a proceeding instituted for the purpose of determining 
the qu'^stion of priority of invention between two or more parties claiming sub- 
^tintialiy the same patentable invention. The fact that one of the parlies has 
already obtained a patent will not prevent an interference; for, although the 
Commissioner has no power to cancel a patent, he may grant a patent for the 
same invci^tion to another person who proves to be the prior inventor. 

93. Int^riferences will be declared in the following cases, when all the parties 
claim sub5'antial!y the same patentable invention: 

(1.) Between two or more original applications. 

(2.) Between an original application and an unexpired patent, when the ap- 
plicant, having been rejected on the patent, shall file an affidavit showing that 
he made the invention before the patentee's application was filed. 

(3.) Bel ween an original application and an application for the reissue of a 
patent granted during the pendency of such original app ication. 

(4.) Between an original application and a r i- sue application, when the origi- 
nal appl'cant shall fila aj affidavit showing that he made the invention before 
the patentee's original j^pplication was filed. 

(5.) Between two or more applicaii ms fur the reissue of patents gran ed on 
.applicatioQS pending a?: the same lime. 

(6.) Betvv^en two or more applications for the reissue of patents granted on 
applications not pending at the same time, when the applicant for reissue of the 
later pateot shall file an affidavit showing that he made the inv. ntion before the 
:ai3pUcation on which the earlier patent was granted was filed. 

(7. ) Between a reissue application and an uaexpired patent, if tie original ap- 
plications were pending at the same time, and the reissue applicant shafl file an 
affidavit showing tiiat he made the invention before the original application of 
the other patentee was filed. 

(8.) Between an application for reissue of a later unexpired patent and an 
earlier unc xp'red patent granted before the original applica ion of the later 
patent was fikd, if the reissue applicant shall file an affidavit showing that 
he made the invention before tbe origiL^al application of the earlier patent 
was filed. 

94. No interference will be declared between pending applications, nor be- 
tween a pending applicat on and an unexpired patent^ unless there are conflicting 
claims; but where an application is involved in an interference in p::rt and 
■shows and describes, without claiming, a patentable invention claimed by another 
party thereto, the applicant may, at any time withm twenty days after the state- 
ments of the parties have been received and approved, on motion duly made, as 
provided in Rule 149, file an amendment of his application duly claiming such 
invention, and on the admission of such ameiidment t ue invention shall be in- 
cluded in the interference. Such motion must be accompained by the proposed 



120 

amendment, and when in proper form will be transmitted by the examiner of 
interferences to the primary examiner for bis determination. Upon tlie final 
determination of such motion the papers and files will be returned to the ex- 
aminer of interferences, and in case the amendment shall be admitted the pri- 
mary examiner will re-declai'e the interference, and prepare and forward to the 
examiner of interferences new r^otices of the interference, as. provided in Eule 
97, and th'3 examiner of interferences will proceed in accordance with Hule 102. 
The decision of the primary examiner will be binding upon the examiner 
of interferences, unless reversed or modified upon appeal, as provided in 
Rule 118. 

95. Before the declaration of interfcreice all preliminary questions must be 
setthd by the primary exa'rdner, and the issue must be clearly defined; the in- 
vention whicli is to form the subject of the controver?5y must be decided to be 
patentable, and the claims of the resp'otive parties must be put in such condi- 
t on that they will not require a'tacation aft'r tiie interference shall have been 
fully decided, unless the testimony a.lduced up^n the trial shall necessitate or 
justify such change. 

96 Where, however, a parly who is required to put his case in a condition 
proper for an interference fails to do so within a reasotiable ttme specified, the 
declaration of interference will not be delayed. After final judgment of priority 
the application of such party will br.' hell for revision and restriction, subject 
to interferences with other ar^plications or new references (See Rule 93.) 

97. When an interference is found to exist and the applications are prepared 
therefor, the primary examiner will forward to the examiner of interferences, 
together with the files and drawings notices of interference for all the panics, as 
specified in Eule 102, which will disclo-se the name and address of each party, 
and the name of his attorney, and if any party, as such, he a patentee, the date 
and number of ^A^j^aten^, and the date of its application, the ordinals of con- 
flicting claims, and the invention claimed, which shall be clearly and concisely 
defined, in so many counts or brancbes as may be necessary in order to include- 
all interfering c'aims, ^Yhenever it shall be found that two or more parties whose 
interests are in conflict are represented by the same attorney, the examiner in charge 
will notify each of said principal parties^ and also the attorney, of this fact. 

98. Upon receipt of the notice of interference, the examiner of interferences 
will make an examination thereof, in order to ascertain whether the issue be- 
tween the parties has been clearly defined, and whether it is otherwise correct. 
If he be of the opinion, upon such examination, th~t the notices are ambiguous- 
in this particular, or are imperfect in any material point, he will transmit his 
objections to the primary examiner, who will promptly notify him of his deci- 
sion to amend or not to amend them. 

99. In case of a material disagreement between the examiner of interferences^ 
and the primary examiner, they shall refer the points of difference to the Com- 
missioner for decision. 

100. The primary examiner will retain jurisdiction of the case until the decla- 
ration of interference is made. 

101. When the notices of interference have been settled, the examiner of in- 
terferences will add thereto a designation of the time within which the state- 
ments required by Rule 105 must b3 filed, and will, pro forma, institute and 
declare the iaterfercnce by forwarding the notices to the several parties to the 
interference. 

102. ]S'otices of interference will be forwarded by the examiner of inter- 
ferences to all the parties, or to their attorneys, or, in case the application or 
patent in interference has been assigned, to the assi^znees. When one of the 
parties has received a patent, a notice will be sent to the patentee and to his 
attorney of record. When one of the parties resides abroad and has no known 
agent 'n tne United States, notice in addition to that sent by mail, may be given 
by pub icntion in the Official Gazette for such period of time as the Com- 
missioner may direct. 

103. Upon the institution and declaration of the interference, as provided in 
Rule 101, the examiner of interferences will take jurisdiction of the pame, which 
will then become a contested case; but the primary examiner will determine 
the motions mentioned in Rule 116, as therein provided. 

104 An applicant involved in an interference may, with the written consent ^f 
the assignee, when there has been an assignment, before the date fixed for the 



121 

filing of his statement, (see Rule 105,) in order to avoid the continuance of the 
interference, disclaim under his own signature, attested by two witnesses, the 
invention of the particular matter in i'sue, and upon such disclaimer and the 
cancellat'on of any claims involving such int'^rfering matter, judgment shall be 
rendered a<2:ainst him, and the disclaimer shall be embodied in and form part 
of his speciQcation. (See Rules 187, 188.) 

105. Each party to the interference will be required to file a conc'se statement, 
under oath, showing the date of his original conception of the invention, of the 
mahing of a drawing, of the making of a model, of its disclosure to others, of its 
reduction to practice, and of the extent of its use. The parties will be strictly 
held in their pr -of to the dates set up in their statements. The statement must 
be sealed up before filing, (to be opened only by the examiner of interfereDces,) 
and the naaie of the party filing it, the title of the case, and the subject of the 
inveation indicated on the envelope. The statements shall not be opened to the 
inspection of the opposing parties until both shall have been filed, or the time 
for filing both with any extension thereof shall have expired, nor then unless 
they have b:en examined by the proper officer and found to be satisfactory. 
When the invention was made abroad, the statement should set forth when and 
where, if ever, the invention was patented, {gimng the date and numb-r of the 
patent.) and when, if ever, it was described in a printed publication, {giving the 
title, date, and place of publication,) and when, if > ever, it ivas introduced, or 
knowledge of it was introduced, into this country, {giving tlie circumstances which 
are thought io establish the facts thereof.) 

106. If, on such examination, a statement is found to be defective in any par- 
ticular, the party shall be notified of the defect, and a time assigned within 
which he must cure such defect by an amended statement ; but in no case will 
any original or amended statement be returned after it has been once filed. If 
a party shall refuse to file the amended statement herein referred to, he will be re- 
stricted to his record date in the further proceedings m the case. 

107. If the junior party to an interference fail to file a statement, or if his 
statement fail to overcome the prima facie case made by the respective dates of 
application, the other may demmd an immediate adjiidication of the case upon 
the record. Where there are more than two parties to the interference, and any- 
one of thetn fails to file his statement, judgment may be rendered upon the 
record a-^ to the party failing to file his statement, unless he be the senior party, 
and the interference will proceed between th^ remaining parties. 

108. If any party to an interference fail to file a statement, no testimony will 
subsequently be received from him to prove that he made the invention at a 
date prior to his application. The statement. can in no case be used as evidence 
in behalf of the party making it. 

109. If either party require a postponement of the time for filing the state- 
ments, he will present his motion duly served on the other parties, with his rea- 
sons therefor, supported by affidavit, prior to the day previously fixed upon. 
But the examiner of interferences may, in his discretion, dispense with service 
of notice of such motion. 

110. In case of material error in the statement, arising through inadvertence 
or mistake, it may be corrected on motion (see Rule 149), upon showing to the 
satisfaction of the Commissioner that its correction is essential to the ends of 
justice. The motion to correct the statement must be made, if possible, before 
the taking of any testimony, and as soon as practicable after the discovery of 
the err:>r. 

111. In original proceedings in cases of interference the several parties will 
be pre^unied to have made the invention in the chronological order in which 
they file 1 their completed applications for patents clearly illustrating and de- 
scribing the invention ; and the burden of proof will rest upon those who shall 
seek to establish a different state of facts. 

112. A time will be assigned in which the junior applicant shall complete his 
testimony in chief, and a further tima in which the other party shall complete 
the testimony on his side, and a further time in which the junior applicant may 
take rebutting testimony, but shall take no other. If there be more than two 
parties, either patentees or applicants, the times for taking testimony will be so 
arranged that each shall have an opportunity to prove his case against prio ap- 
plicants and to rebut their evidence, and also to meet the evidence of junior 
applicants. 

113. If either party fail to take his testimony within the time assigned to him;. 



122 

all junior applicants having duly taken theirs, the case may, on rii-,t'.o'j <liily 
made and served on such party, be set for hearing at any time not less than tea 
days after ths hearing of the motion. 

114 If either party desire to have the hearing postponed, he will mike appli- 
cation for such postp-^nement by motion (see Rule 149), and will s!iow suificfent 
reason therefor by affidavit. 

115. If either party desire an enlarg ment of the time assigned t ) him for 
taking testimony; he will make application therefor as provided for ia Rule 150 
(5). 

116. Motions to dissolve an interference upon the Tround that no interference 
in fa'-t exists, or that there has been such irregularity in declaring Ca Ma n ? a? 
will preclude a proper determination of the que 5ti )n of priority between the 
parties, or which deny the p itentability of an applicant's claim, or his right to 
make the claim, should, if po3si')le, be made within twenty days af:.er the state- 
ments of the parties have been received and approved. Such motions, when 
in proper form, will be transmitted by the examiner of interterences, with the 
files and papers, to the i^ro^er primary examiner fo^^^s determina ion, and he 
will return the files and papers to ttie ex im ner of interferences, with his de- 
cision, at the expiration of the time limited for appeal if no appeal shall have 
been taken, or sooner if .th t party entitled to app 3al shall file a waiver in writing 
of his right of appeal, and such decision will be binding on the examiner of 
in erferences unless reversed or modified oq appeal. (See Rule 118.) 

117. All lawful motions, except those mentioned ia Rule 116, will be made 
before and determined by the tribunal haviu:^ jurisdiction at the time. The 
filings of motions will not operate as a stay of proceediags in aay ca?e. To 
■effect this, motion should be made before t lie rrib anal having jurisdiction of 
the interference, which will, sufficient gr muds appearing therefor, order a sus- 
pension of the incerference pjndiag the determination of s ich motion. 

118. An appeal may be taken directly to the Commissioaer from decisions 
on all motions, except motions to diss )lve interference 'lenyiog the patentability 
of applicants' claims, or their right to make th 3 claims, aad other lawful motions, 
involving the merits of the case, which, wh^n appealab'e, may be appeale 1 to 
the board of examiners in-chief. From a decision afflrming the patentability 
of the claim or" the applicant's right to make thtj same no appeal can be taken 

119. After the interference is finally declare I, it will not, excep' as herein 
otherwise provided, be determined without jud^mmt of priority found either 
upon the testimony, or upon a written concession of priority by one of the par- 
ties, signed by the inventor himself, and also, in the cas3 of ai assignment, by 
the assignee, or upon a written declaration of abandonment of his application, as 
provided by Rule 165. 

130 In their decision of the question of priority, or before such decision, the 
examiner of interfermces and the examiners-in-chief will direct the attention of 
the Commissioner to any matter not relating to priority which may have come 
to their notice, ani which, ia their opinion, establishes the fact that no inter- 
ference exists, or that there has been irregularity ia declaring the sam3(Rule 
116;, or which amounts to a statutory bar t ) th3 grant of a patent t) either of 
the parties for the claim or claims in interference. The Commissioaer m ly, be- 
fore judgment oa the qiestion of priority of invention, suspend the interfereace 
and remand the case to the primary examiner for his c )n3ideration of the mat- 
ters to which attention has b:en directed, ani h's decision will be subject to 
appeal, as in other cases. If the cas3 shall not bj so re man led, the primary ex- 
aminer will, after jud^nnent, consider an7 matter affecting the rights of either 
party to a patent which may have been called to his attention, unless the same 
shall have been previously disposed of by the Commissioner. 

131. A second interfereace will not be declared upon a new application on the 
same invention filed by either party, nor will a decision be set asile afr.er judg- 
ment, except in accordance with the princ'ples governing the granting of new 
trials. 

133. If at any tim3 during the pendency of an interference the primary ex- 
aminer discover new reference^, he may request a suspension of the interfer- 
ence for their consideration ejs parte until their p3rtineacy shall be determiaed, 
when the files and papers will be returnel to the examiner of interferences and 
the interference dissolved or reinstated in ace or lance with such determination, 

133. The primary examiner may request a suspeasioa of aa iuterference for 



123 

the pu pose of a Icliag uevr parties; "but no new parties will be added after tlie 
taking of testimony witli :Ul the special ordor of the Commissi mer. 

124. No amendments to the specific ition will be received during the pend- 
ency of an interference, except as provi led in Rule^ 9-i, 104, 125. 

125. When a ])art only of the claims of an application are involved in an in- 
terference, the applicant may withdraw from his a:;p]ication the claims ad- 
judged nott') interfere, aad'^lile a rew app ication there 'or, if the application 
can re legitimately 'i-ided, and if no more of tbe devices claimed in one is 
shown or described in the other than U necessary to an intelligent understand- 
ing 01 the invtDtion c aimed in the Jaiter: Provided, That no claim shall be 
made in the second application broad enough to include matter claimed in the 
first apphcation as rimended. (See Rule 42.) 

*" 126. When applications are declared to be in interference, the interfering 
parties Will be pe mitted to see or obtain copies of the interfering claims, and of 
so much of the specifications as relate ther to,- after the btatements referred to 
in Rule 105 have ]3een received and approved; but no information of an applica- 
tion will be furnished by the Office to an opp sing party, except as provided in 
Rules 97 and 102, until after the approval of such statement. 

127. When it shall appear, on motion duly made, and upon satisfactory proof, 
that, by reason of the inability or refusal of the inventor to prosecute or defend 
aa interference, or from other cause, the ends of justice shall require that an as- 
s'gnee of an undivided interest in the invention be permitted to prosecute or de- 
fend ttie same, the Commissioner may so order. 

APPEALS. 

128. Every applicant for a patent or the reissue of a p itent, any of the clnms 
of whose application have been twice rejected upon gr junds involving the 
merits of the invention, such as lac'i of novelty or utility, abandonment, public 
use, or want of identity of invention, either in amended or reissue applications, 

^may appeal from the decision of the primary examiner to the board of exami- 
ne rs-in-chief, having, once paid a fee of ten dollars The appeal must be made 
in writ ng, signed by the party, or his duly authorized agent or attorney, setting 
forth the'poiuts of the decision upon which the appeal is taken and duly filed. 

129. There must be two rejections of the claims as originally filed, or, if 
amended in matter of substance, of the amended claims, and all the claims 
must ^e passed upon, and all preliminviry and intermediate questions relating to 
matters not affecting the merits of the invention settled, before the case is ap- 
pealed to the examiners-in-chief. 

130. I'pon the filing cf the appeal the same shall be submitted to the primary 
examiner, who, if he finl the appeal to be regular in form, shall furnish the ex- 
amine; sin chief with a written statement of the grounds of his decision on all 
the points involved in the appeal, with copies of the r< jected claims, and with 
the references applicable thereto. If the primary exammer shall decide that the 
appeal is not regular in form, an appeal from such decisions may be taken di- 
rectly to the Commissioner, as provided in Rule 140. 

13l The appellant shall, before the day of hearing, file a brief of the author- 
ities and arguments on which he will rely to maintain his appeal. 

132. Jf the appelb nt desire to be heard orallj" before the examiners-in-chief, 
he will so indicate when he files his appeal; a day of hearing will then be fixed, 
and due notice of the same gi^en to hi n. 

133. In contested cases the appellant shall have the right to make ihe opening 
Aand closing arguments unless it shall be o herwise ordered by the tribunal having 

jurisdiction of the case. 

134. The examiners-in-chief in their decision will afiirm or reverse the decision 
of the primary examiner only on the p in s on which appeal shall have been 
taken. (See Hulel2S. ) If they shall discover any apparent grounds not in- 
volved in the appeal for granting or refusing Ittters piient in ihef<u'm claimed, 
or in auy other form, they will annex to Iheir decision a stat.-merit to that ef- 
fect, with such recommeudation as they shall deem proper. 

From any judgment of the primary examiner, on points embraced in the re- 
commendation annexed to the decision adverse to the aopellant, appeal may be 
taken on qucstio-is involving the merits to the boarl of examiners in-chief and 
on other questions to the C!>mmi sioner as in other cas'-s 

If an appeal shall be taken from the decision of the t-xaminers-ia-chief to the 



124 

Commissioner, the Commissioner, wlienever, iii bis opinion, substantial justice 
shall require it, may, either before or after iinal judgment, remand the case to 
the primary examiner for consideration of any amendment or action based upon 
the recommendation annexed to the decision of the examioers-in-chief. 

If the Commissioner, in revising the decision of the examiatrs-in chief, shall 
discover any apparent grounds for granting or refusing letters patent not involved 
in the app'^al, he wiil, before or after final judgm^'nt, whenever, in his opinion, 
substantial justice shall require it, give reasonable U' .tic .' thereof to the parties; 
and if any amendment or action based there on s^'all be- proposed, he will re- 
mand the case to the primary examiner for consideration. 

From decisions of the primary examiner, incases remanded, as herein pro- 
vided, appeal will lie to the board of examiners-in- chief, or directly to the Com- 
missioner, as in other cases. 

135. If affidavits be receive"', under Eule 75 or 86, after tbe case has been 
appealed, the application will be remanded to the primary examiner for recon- 
sideration. 

136. From the adverse deci'^ion of the board of examiners in-chief appeal 
may be taken to the Commissioner in person, upon payment of the fee of twenty 
dollars required by law. 

137. Cases which have been beard and decided by the Commissioner on appeal 
will not be reopened except by the Commissioner; cases which have been 
decided by the examiners in chief will not be reheard by them, when no longer 
pending before them, without the written authunty of the Commissioner; and 
cases which have been decided by eith- r the Commissioner or the examiners- 
in-cbief will not be reopened by the primiry examiner without like authoritf, 
and then only for the consideration of mr-tters not already adjudicated upon, 
sufficient cause being shown. (See Rule 07.) 

13S. Cases will be regarded as pending before a tribunal until appeal has 
been taken from its decision, or until the limit of appeal which mu t be fixed in 
contested cases has expired. 

139. Cases which have been deliberately decided bv one Commissioner will 
not be reconsidered by his successor except in accordance with the principles 
which gov rn the granting of new trials. 

140. Upon receiving a petition which shall state concisely and clearly any 
proper question, which has been twice acted upon by the examiner, and wh''ch 
does not involve the merits of the case, or the rejection of a claim, and which 
shall also state the facts involved and the point or rioints to be reviewed, an 
order will be made fixing a time for hearing such petition by the Commis'^ioner, 
and directing the examiner to repirt upon or answer the matters averred in 
such petition at least five days before such day of hearing. 

141. In cases of interference parties have the same remedy by appeal to the 
examiner j-in-cbief and to the Commissioner as in ex parte cases; but no appeal 
lies in such cass from the decision of the Commissioi'er. 

142. Appeals in in erference case 5 must be accompanied with brief statements 
of the re^.sons therefor; and both parties will be required to file briefs of their 
arguments before the day of hearing. Prnted brief . are in all cases preferr<;d. 

143. From the adverse decision of the Commissioner upon the claims of an 
application an appeal may be taken to the supreme court of the District of Co- 
lumbia si ting in banc. On taking such appeal, the applicant is required, under 
the rules of the court, to pay fo the clerk of the court a docket fee of ten dol- 
lars, and he is also require 1 by law to lay before the court certified c('pies of 
all the origiaal papers and evidence ia the case. The petition should h-i filed 
and the fee paid at least ten day- before the commencement of the term of court 
at which the appeal is to be heard. '^ 

144. Immediately upon ta'ung an appeal the appellant must giv? notice there- 
of to the Commissioner of Patents, and file in the Patent Office his reasons of 
appeal specifically set forth in writing. 

145. Pro forma proces' 'ings will n 't hereafter be had in the Patent Offi^'e for 
the purpose of securing to applicants an appeal to the Supreme Court of the 
District of Columbia. 

HSAPilNGS AND INTERVIEWS, 

146. Hearings will be had ■* y the Commissioner at 10 o'clock a. ra., and by 
the board of examiners-in-chief an 1 the esamioer of interfeiecces at 1 o'clock 



125 

p. m., on the day appoiuted, unUss some other hour be specially designated. 
If either party in a contested case, or the arpellant in an ex -parte case, appear 
at the proper time, he will be heard by the examiner of interferences or the ex- 
aminers in chief; but a contested case will not be talsen uf) for oral argument 
after the day of hearing, except by consent of both parties. If the engagements 
of the tii una! having jurisdiction of the case be such as to prevent it from 
being taken up on the day of hearing, a new assignment will be made, or the 
case will be. continued from day to day until h ard. Unless it shall be other- 
wis? oidertd bef )re the hearing begins, oral arguments will be limited to one 
hour for each \ arty. Aft.r a conlested case has been argued, nothing further 
relating thereto will be heard unless upon request of the tribunal having juris- 
diction of the case; aod all intes views for this purpose with parties in interest 
or their attorneys will be invariably denied. 

147. Interviews with examiners concerning applications and other matters 
pending before the office must be had at such times, within office hours, as the 
respective examiners may designate, in the examiners' rooms, with the princi- 
pal examimrs, or, in their absence, with the assistants in charge; they will not 
be had at any other time or place without the written authority af the Commis- 
sioner. 

148. Interviews for the discussion of pending applications will not be had 
prior to tbe first official action thereon. ' 

MOTIONS. 

149. In contested cases reasonable notice of all motions, and copies of motion- 
papers and affidrivits, must be served, as provided for in Rule 150 (2). Proof 
of such service must be made before the motion will be entertained by the office ; 
• nd motions wiil not be heard in the absence of eitht r party except upon de- 
fault after due notice. Motions will be heard in the first insiance by the officer 
or tribunal before whom the particular case may be pendiag ; but an appeal 

^rom the decision rendered may be taken ou questions involving the merits of 
the case to the board of examin ^rs in chief ; on other questions, directly to the 
Comadssioner. In original he irings, on mo'io.is, th<:i moving parties shall have 
the riglit io make the opening and closing arguments In cont-sted cases the 
prjictice on points to wiiich the rules shall not be applicable will conform, rs 
nearly as possible, to that of the United S:ates courts in equity proce d- 



TAKIKG AND TRANSMITTING TESTIMONY. 

150. The following rules have been established for taking and transmitting' 
testimony in extensions, interferences, and other contested cases : 

(1.) Before the depositions of wiinesses are takea by either party due notice 
shall be givea to the opposite party, as hereiaafter provided, of the time and 
place when and where the depositions will be taken of hj cause or matter in 
which they are t j be used, and of the names and residences of the wiinesses to 
be examined, so that the opposite party shall have fu 1 onp rtunity, either in 
person or by, attorney, to cross-examine tbe witnesses. If the opposite parly 
shall attend ihe examination of witnesses no: ■■amed in ihe notice, and shail 
either cross-examiue such witnesses or fail to object to their examination, he 
shall be deemed lo have waived any objec ion to their examination based on 
want of notice thereof. Neither party shall take testimony in more thaa one 
'^lace at the same time, or so nea ly at the sam ; time as not to allow rea:onable 
time to travel from one place of examination to the other. 

(2.) The notice for taking tstimony or for motions must be served (unless 
otherwise stipulated in an instrument in writing filed in the case) upon the at- 
torney of record, if there be one, or, if there be no attorney of record, then 
upon the adverse p rty, r.nd it must give the opposite pa'ty reasonable time to 
reach the place 'A examin ition. Such service may be mide by delivering a 
copy of the notice to the adverse party or attorney, \)j leaving a copy at the 
usual plac? of business of the party or attorney with some one in the employ- 
ment of such party or attorney, or by leaving a copr at the party's usual i.^lace 
of residence with a member of his family, or by transmission by registered let- 
ter, or by express, or when it shall be shown, to the satisfaction of the Commis- 



120 

sioner, that neither of the other modes of service herein prescribed is practica- 
ble, by publication in the Offlciil Gazette; and such notice shall, with sworn 
proof of thef'ict, time, and mode of service thereof, be attached to the deposi- 
tion or depositions, whether the opp3sing party shall have cross-examined or 
not. 

(3.) Each witness before testifying shall be duly sworn according to law by 
the officer before whom his deposition shall be taken The depositions shall be 
carefully read over by the witaess. or by the officer in his hearing, and shall 
then be subscribed by the witness, in the presence of th^ officer. The officer 
shall annex to the deposition his certificate showing ; 1) the due administration 
of the oath by the officer to the witness before tie comniencement of his testi- 
mony ; (2) the name of the person by whom the testimony was written out, and 
the fact that, if not written by the officer it was written in his presence ; '3) the 
presence or absence of the adverse party ; (4) the place, day and hour of com- 
mencement and taking the depositions ; and (5) the fact that the officer was not 
connected, by blood or marriage, with either of the pardes, nor interested di- 
rectly or indirectly in the matter in controversy. The officer shall sign the cer- 
tificate and affix thereto his seal of office, if he have such a seal. He shall then, 
without dehiy, securely seal up all the evidence, notices, and paper exhibits, in- 
scribe upon the envelope a certificite, giving the title of the case, the name of 
each witness, and the date of sealing, address the package, and forward the same 
to the Commissioner of Patents. If the weight -or bulk of an exhibit shall ex- 
clude it from the envelope, it shall be authenticated by the officer and transmit- 
ted in a separate package, marked and addressed as alDove provided. 

(4.) In cases of extension, where no oppasition shall be made ex -parte testi- 
mony will be received from the applican*^^; anl such testimony as may have 
been taken by the applicant prior to notice of opposi ion will be received, un- 
less taken within thirty days after filing the petition for the extension. But 
upon receiving notice of opposition, the applicant shall immediately give notice 
to the op osing party or parties of the names and resideaces of the witnesses 
whose testimony shall have been thus taken 

(5.) If either parly shall be un ible to procure the testimo^y of a witness with- 
i \ the time limited, a^y motion which h may make for an extension of his 
time must be accompained by a statement under oath, of the cause of such in- 
ability, the name of such witness, the facts expected to be proved by him, the 
steps which have been taken to procure said testimony, and the dates at which 
efforts have been made to p'ocure it. (See Rule 149). 

(6.) When a party relies upon a caveat to establish the date of his invention, 
the «aveat itself, or a certified copy thereof, must be filed in evidenc?, with due 
notice to the oppos ite party. 

(7.) Upon notice given to the opposite party before the closing of the testi- 
mony, any official record, and any special raatier contained in a printed publica- 
tion, if competent evidence and pertinent to the issue, may be used as evidence 
at the hearing. 

151. The pages of each deposition must be numbered consecutively, and the 
name of the witness plainly and conspicuously written at the top of each page. 
The testimony must be taken upon legal-cap or foolscap paper, with a wide 
margin on the left-hand side of the page, and with the writing on one side only 
of the sheet. 

152. The testimony will be tak n in answer to ioterrogatories, with the ques- 
tions and answers committed to writing in their regular order by the officer, or, 
in his presence, by some person not interested in the case, either as a party 
thereto or as attorney. But, with the written consent of the parties, the deposi- 
tions may be writfen out by other persons in the presence of the officer. No of- 
ficer who is connected by blood or marriage with either of the parties, or in-' 
terested, directly or indirectly, in the matter in controversy, either as counsel, 
attorney, agent, or otherwisp, is competent to take depositions, unless with the 
w'ritten consent of all the parties. 

153. By leave of the Commissioner, first obtained, testimony may be taken in 
foreign countries: 

(1.) .^uch permission will be granted only upon motion duly made. (See 
Rule 149.) 

The motion must d^s'.frnate a place for the examiaation of ihe wiinesses at 
which an officer duly quulifled to take testimony under the laws of ihe Urdted 
States in a foreign country shall reside, and it mu.t be accompanied by a state- 



127 

ment, under oath, that the motion is made in good faith, and not for purposes 
of de ay or of vexing or harassing any party to the case; it must also set forth 
the Lames of the witnesses the pariic^lar facts to which it is expected each 
will teitify, and the grounds on which is based the belief that each will so 
testify. 

(2.) It must appear that tbe testimony desired is material and competent, and 
that it cannot be taken m this country ^t all, or cannot be taken here without 
hardship and injury to the moving p^rty greatly exceeding that to which the 
opposite party will De exposed by ihe ^aking of such testimony abroad. 

(3. ) Upon the granting of such motion, a time will be set within which the 
moving party shall tile in duplicate the interrogatories to be propounded to each 
witne:& and serve a copy of the bame upon each adverse party, who may, within 
a de^gnated time, tile, in duplicate, cross-interrogatories. Objections to any 
xof the" interrogatories or cross-interrogatories may be filed at ^ny time before 
^ the depositions are taken, and will be considered and determined upon the 
h'jaring of the case. 

(4.) As so >n as the int rrogatories and cross-interrogatories are decided to be 
in pr.:>per form, the Commissioner will causa them to be forwarded to the 
proper officer, ^f ith the request that, upon payment of, or satisfactory security 
for, his official fees, he notify the witnesses named to appear before him within 
a designat-d time and make answer thfr,to under oath; and that he reduce 
their answers to writiag, and transmit the sam , under his official seal and 
signature, to the Commissioner of Patents with tlie certificate prescribed in 
Rule 150 (3 . 

■5 ) By stipulation of the parties the requirements of paragraph (3) as ta 
writtea interrogatories and cross interrogatories may be dispensed with, and the- 
testimony may be taken before the proper offic r upon oral interrogator.'es by 
the parties or their agents. 

(6.) Unless false swearing in the giving of f^uch testimony before the officer 
t;aking i shall be punishable as perjury, under the laws of the foreign state 
where it shall be taken, it will not stand on the same footing, in tiie Patent Office^ 
as testiinony duly taken in the United States; but its weight in each case will 
be determiai d by the tribunal hav ng jurisdiction of such case. 

154. N"o evidence touching the matt r at issue will be considered on the hear- 
ing which shall not have been taken and filed in compliance with t' e^e rules. 
But no notice will be taken of any merely formal or technical obj ction which 
shall not appear to have wrought a substantial injury to the party ra sing it^ 
and in case of such injury it must be mad3 to appear that, as soon as the party 
became aware of the gn und of objection, he gave notice thereof to the office,, 
and also to the opposite partv, informing him at the same time that, unless it 
should be removed, he should urge his objection at the hearing. This rule is 
not to be so construed as to modify establ shed rules of evidenc^e, which will be 
applied st ictlv in all practice before the office. 

^155. The law requires the c'erk-^ of the various courts of the United States to 
issue subpoenas to sjcui e the attendance of witnesses whose depositions are de- 
sired as evidence in contested cases in tbe Patent Office. 

153. After testimmy is filed in the office it may be inspected by a^v party to 
the case, but it > annot be withdraw n for the purpose of printing. Tt may be 
printed by some one sp cially designated by the office for that purpose, under 
proper restrictions. 

157. Six ortnore printed co )ies of the tes imony must b3 furnished— five for 
the use of the office, and one for the use of each of the opposing parties. The 
sta-ement required by Rule 105 must be printed as part of the record. These 
copies must ba filed n ,t less than one week before the day of hearing. Thpy 
^ill have wide margins, with the names of the witnesses at the top of the pages 
over their testimony, and will contain indices with the names of all witnesses, 
and references t"^ the pages where their testimony may be found, and alsD to the 
pages where copies of papsrs and documents introduced as exhibits are shown. 
Printing can only be dispensed with on special application based upon saiiii 
factory reasms, in which case manuscript copies must be furnished — one for 
the o-iice a^d one for each adverse party. 

158. Tt is desirable thatargum-^nts and briefs in all congested cases should be 
submi.ted in printed form, and fikd before the hearing. If either p rty fail to 
comply with this regulation, no extenion of time will be granted for the pur- 
pose, except upon consent of the adverse party 



128 

ISSUE. 

159. If, on examination, it shall appear that tha applicant is justly entitled to 
a patent under the law, a notice of allowance will be sent him, calling for the 
payment of the final fee, upon the receipt of which, within the time fixed by- 
law, the patent will be prepared for issue. (See Rules 212, 213.) 

160 After notice of the allowance of an application is given, the case will not 
be withdrawn from issue except by appproval of the Commissioner, and if with 
drawn for further action on the part of the office, a new notice of allowance 
will be given. When the final fee ha^j been paid upon an application for le'ters 
patCQt, and the case has received its date and number, it will not be withdrawn 
or suspended from issue on account of any mistake or change of purpose of the 
applicant or his attorney, nor for tliepurp 'se of enabling the inventor to procure 
a foreign patent, nor for any other reason except mistaiie on the pait of this 
office, or fraud, or illegality in the application, or for interference, {i^ee Rule 
77) 

DATE, DURATION, AND FORM OF PATENTS^ 

161. Every patent will bear date as of a day not later than six months from the 
time at which the application was passe i and allowed and notice thereof was 
mailed to the applicant or his agent, if within that period the final fee be paid 
to the Commissioner of Patents, or if it be paid to the treasurer, or any of the as 
sistant treasurers or designated depositaries of the United States, and the certifi- 
cate promptly forwarded to the Commissioner of Patents ; and if the final fe3 be 
not paid within that period, the patent will be withheld. (See Rule 169.) 

A patent will not be ante-dated. 

1Q2. Every patent will contain a short title of rhe invention or discovery, in- 
dicating its nature and object, and a grant to the patentee, his heirs and as- 
signs, for the term of seventeen years, of the exclusive right to make, use, and 
vend the invention or discovery t. rough out the United i^rtates and Territories 
thereof- But if the invention shall have been previously patented abroad, the 
term of the patent will expire with the term of the foreign patent. The dura- 
tion of a design x^atent maybe for the term of thrc.^ and a half, seven, or four 
teen years, as pro/ided in Rule 79. A copy of the specification and drawings 
will be annexed to the patent and form part thereof. 

DELIVERY. 

163. The patent will be delivered or mailed, on the day of its date, to the 
patentee, unless there be an attorney of record, in which case it will be delivered 
to him or the patentee, as the attorney may requf st; but it will not, without a 
special request to that effect, be delivered to an associate or substitute attorney. 

CORRECTION OF ERRORS IN LETTERS PATENT. 

164. Where a mi take, incurred thro'igh the fault of the office, is clearly dis- 
closed by the records or files of the office, a certificate, showing the fact and na- 
ture of such mistake, signed by the Secretary of the Interior, countersigned by 
the Commissioner of Patents, and sealed with the seal of the patent office, wid, 
at the request of the patentee or his assignee, be indorsed without charge upon 
the letters patent, and recorded in the records of i^atents, and a printed copy 
thereof attached to each printed copy of the specification and drawings. 

Where a mistake, incurred through the fault of the office, constitutes a suf- 
ficient legal ground for a reissue, such reissue will be made, for the correction 
of such mistake only, without charge of office fees, at the request of the 
patentee. 

Mistakes not incurred through the fault of the office, and not affording legal 
grounds for reissues, will not be corrected after the delivery of the letters patent 
to the p itentee or his agent. 

No changes or ccaTections will be made in letters patent after the delivery 
thereof to tlie patentee or his agent, except as above provided. 



129 

ABANDONED, FORFEITED, AND RENEWED APPLICATIONS. 

165. An abandoned application is one which has not been completed and pre- 
pared for examination within two years after the filing of the petition, or which 
the applicant has failed to prosecate within two years after any action therein, 
of which notice has been duly given (see Rules 31 aod 78), or which the appli- 
■cant has expressly abandoned by filing, in the office, a written declaration of 
abandonment, signed by himself ;,and assignee, if any), identifying his applica- 
tion by title of invention and date of filing. (See Rule 59.) 

Prosecution of an application, to save it from abandonment, must include 
such proper action as the condition of the case may require. 

166. Before an application abandoned by failure to complete or prosecute can 
be renewed, it must be shown to the satisfaction of the Commissioner that the 
delay in the prosecutio'^ of the same was unavoidable. 

167. When a new application is filed in place of an abandoned or rejected ap- 
plication, a new specification, oath, drawing, and fee will be required; but the 
old mode, if suitable, may be used. 

168. A forfeited application is one upon which a patent has been withheld for 
failure to pay the final fee within the prescribed time. (See Rule 161.) 

169. "V^' here the patent has been withheld by reason of non-payment of the 
final fee, any per- on, whether inventor or assignee, who has an interest in the 
invention for which such patent was ordered to issue, may file anew application 
for the same invention; but f-uch second application must be made within two 
years after the allowance of the original application. Upon the hearing of 
such new appUcation, abandonment will be considered as a question of fact. 

170. In such renewal the oath, petition, specification, drawing, and model of 
the original application may be used for the second application ; but a new fee 
will be required. The second application will not be regarded as a continuation 
of the original one, but will bear date from the time of renewal, and be subject 
to examinat'on like an original application. 

171. Forfeited and abandoned applications will not be cited as references. 
No notice will be given to applicants, while their cases remain forfeited, of the 

filing of subsequent applica'ions. 

Certified copies of the files in cases of rejected and abandoned applications 
may be furnished to applicants or to other persons when specifically ordered by 
the Commissioner. 

EXTENSIONS. 

172. No patent granted since March 2, 1861, can be extended except by act of 

Congress. 

173. When a palent has been so expended, subject to the further decision of 
the Commissioner, the subsequent proceedings will be conducted in accordance 
with the following rules: 

174. Any person may oppose an application for extension, but must give 
notice of such oppo!iition to the applicant or his attorney of record within the 
time hereinafter namel, and furnish him with a statement of his reasons of 
opposition. After such notice he will be regarded as a party in the case, and 
will be entitled to notice of the time and place of taking testimony, to a list of 
the names and residences of the witnesses whose testimony may have been taken 
before service of his notice of opposition, and to a copy of the application and 
of any other papers on file, upon payment of the cost thereof. He must also 
imaiediately file a copy of such notice and reasons of opposition, with proof of 
service of the, same, in the patent office. 

175. If the extension is opposed on the ground of lack of novelty in the in- 
vention, the reasons of opposition must contain a specific statement of any and 
all matter relied upon for this purpose. 

176. The applicant for an extension must furnish to the office a statement in 
writing, under oath, of the ascertaine 1 value of the invention and of his receipts 
and expenditures on account thereof, both in this and in foreign countries. 
This statement mu4 be detailed and particular, unless sufficient leasons are 
shown for a failure to make it so. It must in all cases be filed with the petition. 

177. Such statem nt must also be accompanied with a certified abstract of 
title and a declaration under oath, setting forth the extent of the applicant's 
interest in the extension sought. 

w G w 9 



V 180 

178. The questions whicli arise on eacti application for an extension are: 
(1.) Was the invention new and useful when paiented? 

(2.) Is it valuable and important to the public, and to what extent? 

(3.) Has the inventor been reasonably remunerated for the time, ingenuity, 
and expense bestowed upon the invention and upon its intoduction into use? 
If not, has his failaic to be so remunerated arisen from neglect or fault on his 
part? 

(4.) What will be the effect of the proposed extension upon the public inter- 
ests? 

179. No proof will be required from, the applicant upon the first question 
unless the invention is assailed upon those points by opponents. 

180. To en-ble the Commissioner to come to a correct conclusion in regard to 
the second point of inquiry, the applicant must, if po;:sible, present the testi- 
mony of disinterested persons taken under oath. This testimony must distin- 
guish carefully between the specific devi es covered by the claims of the patent 
and the general machine in which those devices may be incorporated. 

181. Upon the third point ot inqniry the applicant, having by his own oath 
shown his receipts and expenditures on account of the invention, must also show, 
by testimony under oath, that he has taken all reasonable measures to introduce 
his inventioi into general use; and that, without neglect or fault on his part, 
he has failed to obtain from the use and sale of the invention a reasonable re- 
muneration foT the time, ingenuity, and expense bestowed on the same, and on 
its introduction into use. 

182. In case of opposition to the extension of a patent both parties may take 
testimony, each giving reasonable notice to the other of the time and place of 
taking the same. The testimony will be t aken according to the rules hereinafter 
prescribed. 

183. Any person desiring to oppose an extension must serve his notice < f op- 
position, and file his reasons therefor, at least ten dajs b.fore the day fixed for 
the closing of the testimony; but parties who have not entered formal opposi- 
tion in time to put in testimony may, at the discretion of (he Commissioner, be 
permitted to appear on the day of hearing, and male argument upon he record 
in oppositi m to the grant of the extension. In such case good cause for the 
neglect to make formal opposition must be shown. 

184. In contested cases no testimony will be received, unless by consent, 
which h'c.s been taken within thirty days next after the filing of the petition for 
extension. 

185. Service of notice to take testimony must be made as provided for in Rule 
150 (2). Where notice to take testimony has already been given to an opponent, 
and a new opponent subsequently gives notice of his intention to oppose, the 
examination need not b.^ po-tponed, bat notce thereof may be given to such 
subsequent opponent by mail or by telegraph. But this rule does not apply to 
ex parte examinations, nor to those of which no notice is gi . en before service of 
notice of opposition. 

186. In the notice of application for exten ion a day will be fixed for the clos- 
ing of testimony, and the flay of hearing will also be named. Applications for 
postponement of the day of hea-ing, or for further time for taking testimony, 
must be made and supported in aciordance with the ru'es to be observed in 
other contcrted cases; but no postponement will be granted whereby any risk 
of delaying the decision until the expirati m of the patent may bb incu red. 
Upon the closing of the testimony the application will be referred witho )t delay 
to the e ; aminer in charge of the class to which the invention belongs for the 
report required by law; and such report shall be made not less than five days 
before the day of hearing. As tbis report is intended for the information of the 
Commissioner, neither the parties nor their attorneys will be permitted to make 
oral arguments before the e\amioer. In contested cases briefs are deemed de- 
sirable, and these should always be filed at least five days before the day of 
hearing. 

DISCLAIMERS. 

187. Whenever, through inadvertence, accident, or mistake, and without any 
fraudulent or deceptive iatention, a patentee has claimed more than that of 
which he was the original or first inventor or discovertr, his patent shall be 
valid for all that pare which is tru y and justly hi 3 own, provided .he same is a 



131 

material or substantial part of the thing patented; and anj^ such patentee, his 
heirs or assign^, whether o^ the whole or any se tional interest therein, may, on 
payment of the fee required by law, make disclaimer of such parts of the thing 
patented as he or they shall not choose to claim or to hol^ by virtue of the pat- 
ent or assignment, stating thereiu the extent of his interest in such patent. 
Such disclaimer shall be in writing, attested by one or more witnesse-, and re- 
corded in the patent office; ai^d it shall thereafter b-i considered as part of the 
original specification to the ext^^nt of the interest posse sed by the claimant and 
by those claiming under h^m after the record thereof. But no such disclaimer 
shall affect any action pending at th<- time of filing the same, except as to the 
question of unreasoKable neglect or dela> in filing it. 

188. Such disclaimers musl be distinguished from those which are embodied 
in original or reissue applicati ns, as at first filed or subsequenty amended, 
referring to matter shown or described, but to which the claimant does not 
choose to claim title, and also from those made to avoid the continuance of 
interferences, which require no fee, but must, like all other disclaimers, be 
signed b„: the applicants in per.ion and duly witnessed. (See Rule 104.) 

CAVEATS. 

189. A caveat, under the patent law, is a notice given to the office of the 
caveator's claim as inventor, in order to prevent the grant of a patent to another 
for the same alleged invention upon an application filed during the life of the 
caveat without notice to the caveator. 

190. Any citizen of the United States who has made a new invention or dis- 
covery and desires furth-.r time to mature tbe same, may, on paymf ni of a fee 
of ten dollars, file in the patent office a caveut setting forth the object and the 
distinguishing charactfristics of the invention, and praying prott ction of his 
right until he shall have matured his invention, fcuch caveat shall be filed in 
the confidential archives of the office and preserved in secrecy, and shall be 
operative for the term of one year from the filing thereof. 

191. An alien has the same privilege, if he has resided in the United States 
one year next preceding the filing of his caveat, and has made oath of his inten 
tion to become a citizen. 

192. The caveat must comprise a specification, oath, and, when the nature of 
the case admits of it, a drawing and, like the application, must be limited to a 
single invention or impr rvement. 

193. The same particularity of description is rot required in a caveat as in an 
application fo" a patent; but the caveat mu'^t set forth the object of the invention 
and the distinguishing characteristics thereof, and it sl.ould be sufficiently 
precise to enable the office to judge whether there is a probable interference 
when a subsequent application is filed. If upon examination a caveat be found 
defective in this respect amendment will be requiied. Without < ompliauce 
with Rules 190, 192, 1: 3, and 195, the caveator will not be entit'.ed to the notice 
provided for in Rule 196 

194. The oath of the caveator must set forth that he is a citizen of the United 
States, or if he be an alien, that he has residtd for one year past within the 
United States aifd ha^ made oath of his int':;ntion to become a citizen thereof, 
and thdt he believe-; himself the original and first invent-, r of the art, machine, 
or imj.rovtment set foith in his caveat. 

195 When practicable, the cavea' should be accompanied by full and accurate 
drawings, separate from the specification, well txecuted on tracing muslin or 
paper that may be folded. (See Rule 50.) 

196. If at any time within one year afier the filing or renewal of a caveat, an- 
other person shab file an application with which such caveat would in any man- 
ner interfere, and if, within the year the application shall be found patentable, 
then s ch application will be suspended, and notice thereof will be sent t > the 
person filing the ca eat, who, if he s'lall file a complete application within the 
prescribed time, will be entitled to an interfcp-nce with the previous applica io -, 
for the purpose of prov'ng priori'y of invention, and obtaining the patent, if he 
be ^'djudged the prior i«nventor. The cave tor. if he would avail himself of his 
caveat, miiS' file his ;<ppliCcition within three months from the expiration of the 
time regularl>' required for the transmission to him of the notice deposited in the 
post-o^iice at Yfashington; 8nd the d y wh n the time for filing expires will be 
mentioned in the notice or indo;sed thereon. 



132 

197. The caveator will not h^ entitled to notice of any applica'ion pending at 
the time of filing his caveat, nor of any application filed after the expiration of 
one year from the date of the fi ing or renewal thereof. The caveat may be re- 
newed by th i payment of a secou I caveat fee of ten dolJare, and it will continue 
in force for one \ear from the date of the pavment of such second fee. Subse- 
quent renewals may be made with like effect- If a caveat be not renewed, it 
will still be preserved in t'le secret archives of the office. 

198. A. caveat confers no rights and affords no protection except as to notice 
of aa interfeiiug appUcation filed during its life, giving the cavea or tlie oppor- 
tuniiy of proving priority of invention if he so desires. It may be used as evi- 
dence in contests, as provided in Rule 150 6). 

199. Th re is no provision of law making the caveat assignable, although the 
alleged invention therein set forth is ass'gnuble, and th caveat may be used as 
means of identifying the invention transferred in an assignment. 

200. Caveat papers cannot be withdrawn from the office after they have once 
been filed; but copies of the papers may be obtained at the usual rates by the 
caveator or any person duly aut' orized by him. Addition d papers, if coitain- 
ing new matter, must be filed as a separate cavtat with another fee. 

ASSIGNMENTS. 

201. Every patent or any interest therein shall be assignable in law by an in- 
strument in writing; and 'he patentee < r his assigns or legal representatives may, 
in like manner, grant and convey an exclusive right under his patent to the 
whole or any specific part of the United States. 

202. Interests in pat' nts may be ves ed in assignees, in grantees of exclusive 
sectional rights and mor'gagees, and in licenses. 

(1.) An assignee is a tran feree of tlie whole interest of the original patent, or 
of an undivided part of such whole interest, extending to f very portion of the 
United States. The a-signment must be writte i or printed and duly signed. 

(2.) A grantee acquires by the grant the exclusive right, under the patent, to 
make and use, and to grant to others th<^ right to make and use, the thing pat- 
ented, within and throughout some spc ified part of the United States, exclud.ng 
the patentve herefrom " The Q;rant must b^; written or printed and duly signed. 

(3.) A mortgage mCist be written or printed and duly signed. 

(4.) A iic use takes an int' rest less than or different from either of the others. 
A license may be ornl, or wri ten or printed and dul}^ signed. 

203. An assignment, grant, or conveyance will be void as against any subse- 
quent purchaser or mortgagee for a valuable consi-le ation, without notice, un- 
less recorded in tbe patent office jvithin three months from the date thereof. 

204. No instrument will be recorded which does not, in the judgment of the 
Commissioner, amount to an assignment, grant, mortgage, lien, encumbrance, 
or license, or affect the tit'e of the patent or invention to which it relates. 

20'>. Assignments which are made conrlitional on the performance of certain 
stipulations, as the payment of money, if recorded in the office, are regarded as 
absolute assignments, until canceled with the written consent of both parties, or 
by the de ree of a competent court. The office has no means of det rmining 
wneth( r such conditions have been fulfilled. 

206 In every case where it is desired that the patent shall issue to an assignee, 
the assignment must be recorded in the patent office at a date not later than the 
day on which the ;pnal fee is paid. The date of tha record is the date of the re- 
ceipt of the as^i^riment at the office. 

207. The receipt of assignments is not generally acknowledged by the office. 
They are recorded in regular order as promptly as possible, and then transmitted 
to the persons entitled to them. 

OFFICE FEES. 

208. Nearly all the fees payable to the patent office are positively required hy 
law to be pai I in advance — that is, upon making application for any action by 
the office for which a fee is payable. For the sake of uniformity and conveni- 
ence, the remaining fees will be required to be paid in the same manner: 



133 

209. The following is the schedule of fees and of prices of publications, etc., 
of the Patent Office: 

On filing each original application for a design patent for three years and 

six months .f-lO 00 

On filing each origiaal application for a design patent for seven years 15 00 
On filing each original application for a design patent for fourteen 

Y( afs 30 00 

O allowance of an application for a design patent, no further charge. 

On filing each caveat 10 00 

C>n filing f ach original application for a patent 15 00 

On allowance of an origiaal application for a patent, except in desion 

c^ses r. . 20 00 

On filin .^ each disclaimer 10 00 

On filing every application for the reissue of a patent. 30 00 

On filing each api lication for a division of a reissue • 30 00 

On allowance oi an applic ition for the reissue of a patent, no further 
charge. 

On filing every applicat'on for an extension of a patent 50 00 

On the granting of every extension of a patent 50 00 

On filing an appeal fr >m a primary examiner to the examiners-in-chief. 10 00 

Oh filing an appeal from t'le examiners-in-chief to the Commissioner 20 00 

Formantiscript copies of records in the English language, for every one 

hundrc; d words or fraction thereof 10 

'f certified, for the certificate additional 25 

For copies of drawings not in print, the reasonable cost of making them. 
For uncertified copiers of the specifications and accompanying drawings 
of all patents which are in print : 

Single copies 25 

Twenty copi s or more, whether one or several patents, per copy. 10 

For twenty coupon orders, each coupon good until used for one copy of 

a printed specific ition and drawing 2 00 

For certified c -pies of patents, whether in manuscript or in print : 

For the sp cifi cation, for every one hundred words or fraction 

thereof 10 

For the drawings, i^ in print 25 

Fcr the drawings, if not in print, the reasonable cost of making 
them, as above. 

For the certificate 25 

l^'or the grant 50 

For certifying to a duplicate of a model 50 

For abstracts of itle to patents or inventions : 

For the certificate of search 1 00 

For • ach brief from the digests of as ^-ignments 20 

For copi s of matter in any foreign language, for every one hundred 

words or fraction th^i eof 20 

''^or translation, for ever/ one Isundred words or fraction thereof 50 

F. r rccordia-j; every assignment, agreement, power of attorney, or other 

paper, of three hundre i w 'i ds or under 1 00 

For recording every assi 'ument, agreement, power of attorney, or other 

paper of wver thre>? hundred words and under one tliousand words. . 2 00 
For recording every assignment, agreement, power of atto;ney, or other 

papev of over one thousanel words 3 00 

For assistance, to attorneys and others in ihe examination of records, one 

hour or less 50 

Each adfiitional hf ur or fraction thereof. 50 

For a'^sistance to atto-neys in the examination of patents or other matter 

in the scientific library, one hour or less 1 00 

Each additional hour or frticti n thereof 1 00 

For subscription to the Official Gazette, pubUshed every Tuesday, 
all subscriptions to commence wit \ the beginning of a volume, none 
being taken for a le-s period tban three months, and there being no 
club rates or discount to news dealers, as follows: 
To all subscribers within the United States acd Canada, one year. 5 00 



134 

To foreign subscribers, except in Canada 7 00 

Single numbers 10 

For bound volumes of tbe Official Gazette: Semi-annual volumes, 
from January 1, 1872, to June 30, 1883, full sheep binding, per 

volume 4 00 

Do. Half sheep binding, per volume , 8 50 

Quarterly volumes &ubs.equent to July 1, 1883, full sheep binding, 
per volume 2 75 

For the annual index — lists of pateutees and inventions alphabetically 
arranged, with date of patent, number, etc., from January, 1872 — 

ore volume each year, full law binding, per volume 2 00 

In paper covers, per volume 1 00 

For the gentral index— a list of inventions patented from 1790 to 187:^, 
with the name of inventor, residence, date of patent, nuiiaber, etc. — 
three volumes, full law binding, per set , 10 00 

For the index from 1790 to 1836— a list of inventions patented fio;n 1790 
to 1836, pho oliihographed from Patent Office Reports— one volume, 
full law binding .' 5 00 

For the monthly volumes, containing the specifications and ph<toUtho- 
graphed copies of the drawings of all patents issued du ang the 

month, certified, bound full sheep, per volume 12 GO 

Do. Bound half sheep, per volume , 10 00 

For the index to Patents Relating to Electricity, granted by the United 
States prior to June 30, 1882, one volume, two hundred and fifty 

pages, bound 5 00 

in paper covers 3 00 

Appendix from June 30, 1882, to June 30, 1883, paper covers. . . . , 1 50 

For Commissioner's Decisions: 

For 186':*-'70-'71, bounrl in one volume, full law binding 2 00 

For 1872-73-' 74, bound in one volume, full law binding 2 00 

For 1875-'76, bound in one volume, with decisions of United States 

courts in p itent cases, full .iaw binding 2 00 

For 187o-'76, bound in paper covers 1 00 

For 1877-'78-'79-'80-'81-'82-'83, one volume each year, with decisions 

of United S^-tates courts, full law binding, per volume 2 00 

For 18 77-' 78-' 79-' 80-' 81-' S2-' 83, bound in paper covers 1 00 

There are no ann lal reports for gratuitous distribution. 

210. An order for a copy of an assignment must give the liber and page of the 
record, as well as the name of the ijventor; otherwise an extra charge wi 1 be 
ma 'e for the time consumed in making any search for such assignment. 

2il. No person will be allowed to make copies or tracings from the files or 
records of the otflce. Such copies will be furnished, wlen orJered, at the rates 
already specified. 

212. The money required for office fees may be paid to the Commissioner, or 
to the Treasurer, or any of the assis' ant treasurers of the United States, or to 
any of the designated depositories, national banks, or receivers of public money, 
designated by the Secretary of the Treasury for that purpose, who shall give 
the depositor a receipt or certificate of deposi-: therefor, which shall be trans- 
mitted to the patent office. When this cannot be done without much inconve- 
nience, the money may be remitted by mail, and in every such case the letter 
should state the exact amount iuclosed. Letters c 'ntaining money may be reg- 
istered. Post-office money orders now afford a safe and convenient mode of 
transmitting fees. All such orders should be made payable to the " Commis- 
sioner of Patents." 

213. The weekly issue will close on Thursday, ani the patents of that issue 
will bear date as of the third Tuesday thereafter. If the final fee in any appli- 
cation is not paid on or before Thursday, the patent will not go to issue until 
the following week. 

214. All money sent by mail, either to or from the patent office, will be at the 
risk of the sender. In no case should money be sent inclosed with models. 
All payments to or by the office must be made in specie, treasury-notes, national- 
bank notes, certific.ites of deposit, or post-office money orders. 



135 

REPAYMENT OF MONEY. 

315. Money paid by actual mistake, such as a payment in excess, or when not 
required by law, or by neglect or misinformation on the part of the office, will 
be refunded; but a mere change of purpose after the payment of money, as 
when a party desires to withdraw his application for a patent, or for the regis- 
tration of a trade-mark, or an appeal, will not entitle a party to demand such 
a return. 

PUBLICATIONS. 

216. The "Official Gazette," a weekly publication which has been issued 
since 1872, takes the place of the old ' Patent Office Report." It contaiosthe 
cl lims of all patents issued, including reissues, with portions of the drawings 
selec"e:l to illustrate the claims, and also lists of design patents, together with 
decisions of the courts and of the Commissioner, and other special matters of 
interes^t to inventors. 

The G-izette is furnished to subscribers at the rate of $5 per annum. When 
it is seit abroad an additional charge of $2 will be made for the payment of 
postage. But re; reseutativ; s and sena'ors are each entitled to designate eight 
public libraries to which it will be sent without charge. Single copies are fur- 
n'shel f r 10 cents each. 

An index is publishcLi annually, which is sent to all subscribers and designated 
libraries witbout additional cost. 

' ringed volumes are issued monthly, containing the entire specifications and 
drawings of all patents issued during the previous month. These are authenti- 
cated by the seal of the office, and maybe used:, as evidence throughout the 
United States. One copy is deposited in each State library,and one copy in the 
•custody of the clerk of each United States district court, for general reference. 

LIBRARY REGULATIONS. 

217, No persons are allowed to enter the alcoves, or take books from the li- 
brary, except officers of the bureau and members of the examining corps. 

A'i books taken from the library must be entered in a register kept for the 
purpos ', and r;- uriied on the call of thy librarian. 

Any book lost or defaced must be replaced by a copy of the same. 

Patentees an 1 others doing business with the office can examine the books 
■only in the library hall. 

Translations will be made only for official use. 

Persons will be allowed to make notes or extracts, but not copies or tracings 
from works in the library. Such copies will he furnished at the usual rates. 



TRADE-MARKS 



AX ACT to authorize the registration of tra<?e-marks and protect the same. 

Be it enacted hy the Senate and House of Beprcsentatixes of the United States of 
America in Congress assembled, That owners of trade marks used in commerce 
with foreign nations or with the Indian tribes, provided such owners shall he 
domiciled in the United States or located in any foreign country or tribes, which, 
by treaty, convention, or law, affords similar privileges to citizens > f the ITnited 
States, may obtain regis'ration of such trade-marks by complying with the fol- 
lowing requirements: 

First. By causing to be recorded in the Patent Office a st item( nt specifying 
name, domicile, location, and citizenship of the party applying; the class of 
merchandise, and the particular description of goods comprii^ed in such class to 
which the particular trade-mark has been appropriated; a description of the 
trade-mark itself, with fac-similes thereof, and a statement of the mnde in which 
the same is applied and affix* d to goods, and the length of time durinu which 
the trade-mark has been used. 

Second. By paying into the Trea&ury of the United States the sum of twenty- 
five dollars, and complying with such regulations as may be prescribed by the 
Commissioner of Patents. 

Sec. 3. That the application prescribed in the foregoing section must, in order 
to create any right whatever in favor of the party filing it, be accompanied by a 
written declaration verified by the person, or by a member of a firm, or by an 
officer of a corporation applying, to the effect that such party has at the time a 
right to the use of the trade-mark sought to be registered, and that no other 
person, firm, or corporation has the right to such use, either in the identical 
form or in any such near resemb ance thereto as might be calculated to deceive;, 
that such trade-mark is used in commerce with fortign nations or Indian tribes,. 
as above indicated; and that the description and fac similes presented for regis 
try truly represent the trade-mark sought to be registered. 

Sec. 3. That tbe time of the receipt of any such application shall be noted 
and recorded. But no alleged trade-mark shall be registered unless the same 
appear to be lawfully used as such by the applicant in foreign commerce or 
co-nmerce with Indian tribes, as above mentioned, or is within the provisions of 
a treaty, convention, or declaration with a foreign power; nor which is merely 
the name of the applicant; nor which is ideritical with a registered or known 
trademark owned by another, and appropriate to the same class of merchandise, 
or which so nearly resembles some other person's lawful trade-mark as to be likely 
to cause confusion or mistake in the mind of the public, or to deceive purchasers. 
In an application for registration the ' ommissioner of Patents shall decide the 
presumptive lawfuliiess of claim to the alleged trade-mark; and in any dispute 
between an applicant and a previous registrart or between applicants, he shall 
follow, so far as the same may be applicable, the practice of courts of equity of 
the United States in analogous cases. 

Sec. 4. That certificates of registry of trade-marks shall be issued in the name 
of the United States of America, uuder the seal of the Department of the In- 
terior, and shall be signed by the Commissioner of Patents, and a record thereof, 
together with printed copies of the specifi':^ations, shall be kept in books for that 
purpose. Copies of trade-marks and of statements and declarations filed there- 
with, and certificates of registry so signed and sealed shall be evidence in any 
suit in which such trade-marks shall be brought in contra versy. 

Sec. 5. That a certificate of registry shall remain in force for thirty years 
from this date, except in c^ses where the trade-mark is claimed for and applied 
to articles not manufactured in this country, and in which it receives protection 
under the laws of a foreign country for a shorter period, in which case it shall 

136 



137 

cease to have any force in this country by virtue of this act at the time that such 
trade-mark ceases to be exclusive property elsewhere. At any time during the 
six months piior to the expiration of the term of thirty years, such registration 
may be renewed on th? same terms and for a like period. 

Sec. 6. The applicants for registration under this act shall be credited for any 
fee or part of a fee heretofore paid into th-? Treasury of the United States with 
intent to procure protection for the same trade-mark. 

Sec. 7. That regibtration of a trade mark shall b3 prima facie evidence of 
ownership. Any p rson who shall reproduce, counterfeit, copy, or colorably imi- 
tate any trade-mark registered under this act and affix the same to mercbandise 
of sub.-tantially the same descriptive properties as those describ d ia t ic regis- 
tration shall be liable to an action on the case for damages for tue wrong'^ul use 
of said trade-mark at the suit of the owner thereof; and the parly aggrieved 
shall als3 have his remedy according to the course of equity to enjoin tbe wrong 
ful use of such trade-mark used in foreign comm rceor commerce with Indian 
tribes, as aforesaid, and to recover comp 3ns iti on therefor in any court having 
juris liction over the person guilty of such wrongful net; and courts of the United 
States sha 1 have original and appellate jurisdiction in such cases without regard 
to the amount in controversy. 

Sec. 8. That no action or suit shall be maintained under the provisions of 
this act in any case when the trade mark is used in any unlawful business or upon 
any article injurious in itself, or which mark has been used with tbe design of 
deceiving the public in the purchase of merchandise, or under any certificate 
of regi try fraudulently obtained. 

Sec. 9. That any person who shall procure the registry of a trade mark, or 
of himself as the owner of a trade-mark, or an entry respecting a trade-mark, 
in the office of the Commissioner of Patents, by a false or fraudulent represen- 
tation or declaration, orally or in writing, or by any fraudulent means, shall be 
liable to pay any damages sustained in cons quence thereof to the injured party, 
to be recoverei in an action on the case. 

Sec. 10 Taat no^hiug ia this act shall prevent, lessen, impeach or avoid any 
remedy at law or in equity which any party aggrieved by any wrongful use of 
any trade-mark might have had if the provisions of this act had not been passed. 

Sec 11. Tua: nothing in this act shall b ! construed as unfav.^rably affecting 
a claim to a tra !e mark after thg term of registration shall have expired; nor 
to give cognizance to any c )urt of the United states in an action or suit between 
citizens of the same State, unless the trade-mark in controversy is usad on goods 
intended to be transported to a foreign country, or in lawful commercial inter- 
course with an Indian tribe. 

Sec 12. That the Commissioner of Patents is authorized to make rules and 
regulations and prescribe forms for the transfer of the right to use trade-marks 
and for recording such transfers in his office. 

Sec. 18. That citizens and resid nts of this country wishing the protection 
of trade-marks in any foreign country, the laws of which require registration 
here as a condition precedent to getting such protection there, may register their 
trade-marks for that p irpose as is above allowed to foreigners, and have cer- 
tificates thereof from the Patent Office. 

Approved March 3, 1881. 

AN ACT RELATING TO THE REGISTRATION OF TRADE-MARKS. 

Be it enacted ly the Senate and House of Representatives of the United States of 
America in Goagress assembled, That nothing contained in the law entitled "An 
act to authorize the registration of trade marks and protect the same," ap- 
proved March third, eighteen hundred and eighty-one, shall prevent the 
registry of any lawful tra ie-mark rightfully used by the applicant in foreign 
commerce or commerce with Indian tribes at the time of the passage of said 
act. 

Approved August 5, 1882. 



13^ 

RULFS AND FORMS ADOPTED BY THE UNITED STATED PATENT 
OFFICE FOR THE REGISTRATION OF TRADEMARKS UNDER 
THE ACT OF MARCH 3, 1881. 



WHO MAY OBTAIN REGISTRATION . 

1. {a.) Any person, firm, or corporation domiciled in the United States or 
located in any foreign country which, by treaty, convention, or law, affords 
similar privileges to citizens of the United States,* and who is entitled to the 
exclusive use of any trade mark and uses the same in commerce with foreign 
nations or with Incian tribes. 

(b.) Any citizen or resident of this country wishing the protection of his trade- 
mark in any foreign country the laws of which require registration in the United 
States as a condition precedent. 

STATUTORY REQUIREMENTS. 

3. Every applicant for registration of a trade-mark must cause to be recorded 
in the Patent office — 

(a.) The name, domicile, and place of business or location of the firm or 
corporation desiring the protection of the trade-mark, and the residence and 
citizenship of individual applicants. 

(6.) The class of merchandise and the particular description of goods com- 
prised in such class to which the trade-mark has been appropriated. 

{c. < A description of the trade-mark itself, with fac-similes thereof, and the 
mode ia which it has been applied and used. 

(^. ) The length of time during which the trade mark has been used by the 
applicant on the class of goods described 

3. A fee of twenty-five dollars is required on filing each application, except 
in the cases hereinafter named. (,See pars. 16 and 17.) 

THE APPLICATION. 

4. An application for the registration of a trade-mirk will consist of a state- 
ment and specification, a declaration or oath, and the fac-similes, with dupli- 
cates thereof. The statement and declaration should be written on one side of 
the paper only. 

5. The e should be preceded by a brief letter of advice requesting registration 
and signed by the applicant. 

6. The sta ement should announce the full name, citizenship, domicile, resi- 
dence, and place of business of the applicant ^or if the applicant be a corporation, 
under the laws of what State or nation incorporated,) with a full and clear 
specification of the trade-mark, particularly discriminating between its essential 
and non-essential features. Tt should also state from what time the trale mark 
has been u ed by the applicant, the class of merchandise, and the particular 
goods comprised in such class to which the trade-mark is appropriated, and 
the manner in which the trade mark has been applied to the goods. 

7. The declaration shouM be in the form of an oath by the person, or by a 
member of the firm, or by an officer of the corporation making the application, 
to the effect that the party has at the time of filing his application a right to 
the use of the trade-mark described in the statement; that no other person, firm, 
or corporation has a right to such use, either in the identical form or in such 
near resemblance th.Teto as might be calculated to deceive; that such trade- 
mark is used in lawful commerce with foreign nations or Indian tribes, one or 
more of which should particularly be named, and that it is truly represented 
in the fac-simile presented for registry. 

8 This oath may be taken within the United States, before a notary public, 
justice of the peace, or the judge or clerk of any court of record. In any for- 
eign countiy it may betaken before the secretary of a legation or consular officer 
of the United States, or before any person duly qualified by the laws of the 
country to administer oaths, whose ofQcial character shall be certified by a rep- 
resentative of the United States having an official seal 

*The following countries have treaties with the United States at this time, viz: Russia* 
Belgiui-n, France, Austria, the German Empire, and Great Britain. 



139 

FACSIMILES TO BE FILED. 

9 Where the trade-mark can be represented by a fac simile which conforms 
to the rules fo' drawings of mechanical patents*, such a drawing may be fur- 
nished by applicant, and the additional copies will be produced hj the pV'Oto- 
lithographic process ai the expense of the oflQce. Or the applicant may furni'^h 
one fac sinii'e of 'the trade-mark, mounHd on a card ten by fifteen inches in 
size, and ten additional copies upon flexible paper, not mounted; but iu all 
cases the sheet cont dning the mounted fac- simile or the drawing mu,t be signed 
by the ap-licant or his authorized attorney, acd authent cated by tvvo witnesses. 

PROCEEDINGS IN THE OFFICE. 

10. All applications for r-gistration are considered in the first instance by the 
trade -mark e aminer. An adverse decisi >n by such examiner upon the appli- 
cant's right to registration will be reviewed by the Commissioner in person 
without fee. 

11. No trade-mark will be legisteied unless it shall be made to appear that 
the same is used as such by the applicant in commerce with foreign nations or 
with Indian trioes, or is within the provision > of a treaty, convention, or decla- 
ration with a foreign power, Eor which is merely the name of the applicant, 
nor which is identical with a known or regipiered trade-mark owned ly an- 
other and ai:<propriated to the saiie class of merchandise, or which so nearly 
resembles^som'"' other person's lawful trade-maik as to be likely to cause confu- 
si'^n in the mind of the public or to deceive purchasers. 

12. In case of conflictiag applications for regis'ration, or in any dispute as to 
the riTht to use, which may arise between an applicant and a pvior registrant, 
the offit e will declare an interference, in order that (he parties may hav^ oppor- 
tunity to prove pdority of adoption or right; and the proceedings on such in- 
terference will follow, as nearly as practicable, the practice in interferences upon 

r appli-atiims for patents; but each applicant and registrant will be held to the 
date of adoption alleged in the statement filed with his application. On the pe- 
tition of any party c-issatisfied with the decision of the examiner of interferences 
the case will be reviewed by the Commissioner without fee. 

13. When these requirements have been complied with, and the office has * d- 
judged the trade- mark lawfully registrable, a certificate will be issued by the 
Commis ioner, under seal of tlie Interior Department, to the effect that appli- 
cant has complied with the law, and that he is entitled to the protection of his 
trade-mark in such case made and piovided. Attached to the certificate will 
be a facsimile of the trade-mark and a printed copy of the statement and 
('eclaratlon. 

14. The protection for such trade-mark will remain in force for thirty years, 
and may, up n the payment of a second fee, be renewed for thirty yeais longer, 

.except in cases where such trade-mark is claimed for and applied to articles 
not manufactured in this country, and in w hich it receives protection under 
th'^ laws <tf any foreign country for a shorter period, in which case it will cease 
to have force in this country, by virtue of ihe registration, at the same lime that 
the tiade-mark ceases to be exclusive property elsewhere. 

15. The ri^ht o the use of any trade-mark is assignable by an instrument in 
wi'ltinj, and such assignment of a registered trade-mark must be recorded 
in the Pat nt Otfice within sixty days after iis execution, in default of which 
it may be void as against any voubsequent purchaser or mortgagee for a val- 

^uable consideration, without notice. I^o particular form of assignment or 
conveyance is prescribed, but the trade-mark must be identified by the certifi- 
cate number. 

16. Owners of trade-marks for which protection has been sought by regis- 
tering them in the Patent Office under the act of July 8, 1870 {declared un- 
constitutional by the Supreme Court of the United States), may register the 
same for the same goods, without fee, *^n compliance with the foregoing re- 
quirements. With each application of this character a specific reference to the 
date and number of the former certificate is required. 

17. Applicants whose cases were filed under the act of 1870, eUher prior to or 
since the decision of the Supreme Court declaring it unconstitutiona\ which 

* These rales are furnished on application Iby letter to the C.mraissioner. 



140 

are BOW pending before the office, are advised to prepare applications in con- 
formity with the law and foregoing rules. On the receipt, (if s^ch an appli- 
cation, referring to the date of the one formerly tiled, all fees pa d therjon 
will be duly applied. Those who have paid ooly $10 as a first f^e are ad- 
vised that the law dees not provide for a division of the legal fee of $25, 
and that the remainder of the entire fee is required before the application 
can be entertained. 

COPIES AND PUBLICATIONS. 

18! Printed copies of the statement and declaration in each case,with a dupli- 
cate of the trade-m^irk, can be furnished by the office. 

The Official Gazette of the Pattnt Office, published weekly, will contain a list 
of all trade marks registered, with the name and address of the registrant, abr'ef 
statement of the essential features of the trade-mark, and the particular descrip- 
tion of goods to which it is applied. 

FEES. 

19. On filing an application for registration of the trade mark $25 00 

For recording assignments — 

Under 300 words 100 

Over 300 and less than 1,000 words 2 00 

Over 1,000 words 3 00 

For single printed copy of statement and declaration 25 

Single copy of Official Gazette 10 

Annual subscription Official Gazette 5 CO 

COKRESPONDENCE. 

20. All letters should be addres?ed to " The Commissioner of Patents;" and 
all remittances by postal order check, or draft should be to his order. 

21. Letters relating to pending applications should refer to the name of the 
applicant and date of filing. Letters relating to registered trade-marks must 
refer to the name of registrant, number or date of certificate, and the class of 
merchandise to which the tr-ide-mark is applied. 

22. The office canaot undertake to respond to inquiries propounded with a 
view to ascertain wh ther certain tr de-marks have been registered, or, if so, to 
whom, or for what goods; nor can it give advice as to the nature and extent of 
the protection afforded by the law, or act as its expounder, except as questions 
may arise up'^n applic ition=5 regularly filed. A copy of these rules with this para- 
graph marked will be regarded as a cour.eous answer to all such inqu ries. 

E. M. Marble, 

Commissioner of Patents. 
Approved. 
A. Bell, 

Acting Secretary. 



FORMS. 



The following forms have been pr pared to be used in filing applications for 
registration of trade-marks. Th ir use is not absolutely required, but as thy 
have been made to conform to the canlitionsof the law, applicacts will find 
their business facilitated by following them closely. 

LETTER OF ADVICE. 

To the Commissioner of Patents: 

The under f-igned presents herewith a fac-simile of his lai:^ful trade-mark and 
requests that the same, together with the accompanying statement and declara- 
tion, may be registered in the United States Patent Office in accordance with 
the law in such cases made and provided. 

A. B. 



141 



STATEMENT, 



To all whom it may concern: 

Be it known that I, A. B.,^' a citizen o*' tLe United States residing at ,in 

the county of '—, and State of , and doing business at , have adopted 

for my own use a trade-marlc for (as the case may be) of which the fol- 
lowing is a full, cleaT", and exact specification : 

My trade mark consists of the letters and wcrds (or arbitrary symbols, as the 

case' may be) . i hese have geoerally been arranged as shown in the 

accompanying fac- simile, {Here giv a full description of the facsimile, including 

aU its features.) But may be omitted and changed at pleasure 

without materially ai:eiing the character of my trade-mark, the essential fea- 
tures of which are . 

This trade-mark I have used continuously in my business since — '■ , 18 — . 

The class ot merchandise to which this trade-mark is appropriated is , 

and the particular description of g< ods comprised in such class on which I 

use the said trade-mark is f. It has been my practice to {here state fully 

the manner of applying it to the goods or packages containing them,) 

A. B. 

Witnesses: 
C. D. 
E. F. 

DECLARATION- 

State of , County of , ss : 

A. B , being duly sworn, depos s and says that he is the applicant named in 
the foregoing statement ; that he verily believes that the foregoing statement is 
true ; that he has at this time a right to the use of the trade-mark therein de- 
scribed ; tlat no other person, firm, or corporation has the right to such use, 
either in the identical form or in any such near resemblance thereto as might 
be calculated to deceive ; that it is used by him in commerce with foreign 

nation-^ or Indian tribes, and particularly with {here name one or more 

-foreign nations or Indian tribes, or both, as the case may be); and that the de- 
scription and fac-simile^ presented for record truly lepresent the trade-mark 
sought to be registered. 

A. B: 

Sworn and subscribed before me, a , this day of , 18 — . 

G.R.J.P 

If the application is made by a firm or corporation, this declaration should be 
modified accordingly. 

*The first paragraph of the statement should be modified to conform to the circumstances 
of each applicant. If a firm, the domicile and place of business are required; if a corpora- 
tion, under what State or other laws incorporated, where located and place of business; if 
a person not an Am-.rican citizen, of what country he is a citizen (or subject as the case 
may be), etc. 

tThe description of the g-oods on which the trade-mark is used shou'd be in the same lan- 
guage in the first and last paragraphs of the statement. 



/', 



REGISTRATION OF PRINTS AND LABELS' 



Sections 3, 4, and 5 of the act of Congr(=ss relating to patents, trade-marks, and 
copyriglits, approved Juae 18, 1874 (18 Statutes at Large, p, 78), are as follows : 

Sec. 3. That in the construction of tliif^ act the words "engraving, cut ^nd 
print" shall be applied only to pictorial illustrations or works connected with 
the fine arts, and no prints or lahJs designed to ' e used for any other articles 
of manufacture shall be entered un-''er the copyright law, but may be registered 
in the Pat.nt office. And the Commissioner of Patents is hereby charged with 
the supervision and control of the entry or registry of such prints or labels, in 
conformity w'«th the regulations provi ed by law as to copyright and prints, 
except that there shall be paid for recording the title of any print or lab 1, not 
a trade-mark, six dollars, which shall cover the exprnse of fiiraishing a copy of 
the record, under the seal of the Commissiuner of Patents, to the party entering 
the same. 

Sec. 4. That all laws and parts of laws inconsistent with the foregoing provi 
sions be and th ■ same ore herebv repealed. 

Sec. 5 That tLiis act shall take effect on and after the first day of August, 
ei^Jihteen hundred and seventy four. 

The words "prints" and "lab. Is" as used in this act, so far as it relates to 
registration in tbe Patent Office, are construed as synonymous, and are defined 
as any device, picture, word or words, figure or figure'-; (not a trade-mark) im- 
presse 1 or stamped dire, tly upon the artides of mauuf icture, or upon a slip or 
piece of paper, or other maierial, to be attached in any manner to manufactured 
aitielv-s, or to bottle*, boxes, aod packages containing them, to indicate the con- 
teots of ttoe package, the name of the manufacturer or the place of manufacture, 
the quality of goods, directions for use, ( tc. 

By the word» "articles o^' manufacture' (to which such- priut or label is ap- 
plicable by this act) is meaLt all vendible cammodities produced by hand, 
mac inerj , or art. 

But no such print or label can be registered unless it properly belongs to an 
article of commerce, and be as above defined ; nor can tbe same be registered 
as such priut or label when it amounts to a lawful trade-mark, or when its use 
in connection with the article to which it is applied is arbitr. ry or fanciful. 

To eatitle the owner of uny such print or lab; 1 to register the same in this 
office, it is necessary th t five copies of the same ' e filed, one of which copies 
shall be certified under the st-alof tLie Commissioner of Patents, and returned to 
the ri gistrant. 

The certificate of such registr. tioa will continue in force for twenty-eight 
years. 

The fee for registration of a p int or label is six dollars, to be paid in the same 
manner as fees for patents. 

The beuefits of this act seem to have been originally confined to citizens or 
residents of toe Uaited States, but appear to be extended to British subjects 
and citizcLSof Germany by existing treaties. 

E. M. MARBLE, 
Commissioner of Patents. 

Approved, May 2, 1881. 

S. J. KIRKWOOD, 

Secreiari/. 
143 



143 

FORM OF APPLICATION FOR REGISTRATION OF PRINTS AND 

LABELS. 

[Making necessary changes to suit each case.^ 
[Foe, an Individual.] 

To the Commissioner of Patents : 

The undersigned, ^. F-., of the city of Brooklyn, county of Kings, and Sttite 
of New York, and a citizen of the United Srates (or resident therein, as the case 
may be), hereby furnishes five copies of a label (or print, as the case maybe), 

to be used for , of which he is the sole proprietor. The title of said 

label (or print) is , and the said label (or piint) consists of the words and 

figures as follows, to-wit: . (Description.) 

And he hereby requests that the said print (or label) be registered in t^^e Pat- 
ent Office, in accordance with the act of Congress to that effect, approved June 
18, 1874. 

Proprietor^ 
Brooklyn, N. Y., August 1, 1874. 



[For a Corporation.] 

To the Commissioner of Patents : 

The applicant, a corporation created by the authority of the laws of the State 
of New York (or other authority, as the case may be), and doing business at 

, in said S'ate, hereby furni>^hs fire copies of a label (or print, as the case 

may be), tobi us^d for , of which it is the .^ole proprittor. The litle of 

said priQt (or label) is , a-d the said label consists of the words and figures- 

as "folio w«, to-wit: . (Description.' 

And it is hereby requested that the said label (or print) be registered in the 
Patent Office, in accordaaci" with the act of Con2;ress to that effec-, approved 
June 18, 1874. 

[l. s] Witness the seal of said corporation at , , 1874. 

t 
President [or other offiec-i']. 



The registration of copyright matter is, by law, under the control of the Li 
brarian of Congress at Wt^shington. At the time of the enactment of th'^ trade- 
mark law of July 8, 1870, it was the custom of the Librarian of Congress U> en- 
ter, under the provisions of the copyright law, labels and prints of com.merce, 
many of which embraced legal trade marks. Notwithstanding the existence 
of a sep irae statute in 1870 fur the registration of trade-m'^.rks, the Librarian 
of Congreso, in entering labels and prints of commerce, gave a semblance 
of protection to many trade-marks, of w^hich the label? and prints e- tered by 
him Were the mere vehicles. To remedy ^his difficulty was the object of the 
amendment to the conyright law of June IS. 1874, referred to herein hs the act 
for the registjation of pricits and labels. By this ameniatory act the ' ii-rar'an 
of Congress is re-tricted, ia the res^ist'y of copyright matter, to picto ia i'lus- 
trations or works connected with the fine arts, aad is prohibited from registe:- 
ing labels or prints designed to be used for any other articles of manuf.JCture, ?'. 
e , articles of commerce. These are now registrable at the Patent Office ; while 
the matter propt rly coming within the definition of copyright subject-ma- ter, 
as contained in the act of June 18, 1S74, is registrable at the office of the Libra- 
rian of Confess. 



THE COPYRIGHT SYSTEM. 



DIRECTIONS FOR SECURING COPYRIGHTS UNDER THE REVISED 
ACTS OF CONGRESS. 



1. K printed co^j oi the title (besides the two copies to be deposited after 
publication) of the book, map, chart, dramatic or musical composition, engrav- 
ing, cut, print, or photograph, or a description of the painting, drawing, chromo, 
statue, statuary, or model or design for a work of the fine arts, for which copy- 
right is desired, must be sent by mail or otherwise, prepaid, addressed 

LIBRARIAN OF CONGRESS, 

Washington, D. C. 

This must be done before publication of the book or other article. 

The printed title required may be a copy of the title page of such publications 
as have title pages, in other cases, the title must be printed expressly for'i* py- 
right entry, with name of claimant of copyright. The style of t^ pe is imma- 
terial, and the print of a type- writer will be accepted. But a separate title is 
required for each entry, and each title must be printed on paper as large as com- 
mercial note. The title of a periodical must Id elude the date and number. 

2. The legal fee for recording each copyright claim is 50 cents, and for a copy 
of this record (or certificate of copyright) an additional fee of 50 cents is re 
quired. Certificates covering more than one entry are not issued. 

3. "Within ten days after publication of each book or other article, two com- 
plete copies of the best edition issued must be sent, to perfect the copyright, 
with the address 

LIBRARIAN OF CONGRESS, 

Washington, I). C. 

The postage must be prepaid, or else the publications inclosed in parcels covered 
by printed Penalty Labels, furnished by the Librarian, in which case they will 
come FREE by mail, without limit of weight, according to rulings of the Post 
Ofiice Department. Without the deposit of copies above required the copy 
right is void, and a peo ally of $25 is incurred. No copy is required lo be de 
posited elsewhere. 

4. No copja'ight is valid unless notice is given by Inserting in every copy 
published, on the title page or the page following, if it be a book; or, if a map, 
chart, musical composition, print, cut, engraving, photograph, paintina;, draw- 
ing, chromo, statue, statuary, or model or design intended to be perfecttd as 
a work of fine arts, by inscribing upon some portion thereof, or on the sub 
stance on which the same is mounted, the following words, viz: "Entered 

according to act of Congress, in the year , by , in the office of the Mbrarian 

ef Congress, at Washington," or, at the option of the person entering the copy- 
right, the words: copyright, 18—, hy ." 

The law imposes a penalty of $100 upon any person who has not obtained 
copyright who shall insert the notice "E7itered according to act of Congress." 
or "Oopyright," etc., or words of the same import, in or upon any book or other 
article. 

5. Any author may reserve the right to translate or dramatize his own work. 
In this case, notice should be given by printing the words "Bight of translation 
reserved," or "All rights reserved," below the notice of copyright entry, and 
notifying the Librarian of Congress of such reservation, to be entered upon the 
record. 

Since the phrase all rights reserved refers exclusively to the author's right 
to dramatize or to translate, it has no bearing upon any publications except 
original works, and will not be entered upon the record in other cases. 

144 



145 

6. The original term of copyriglit runs for twenty-eight years. Within six 
months before the end of that time, the author or designer, or his widow or 
children, may secure a rene.val for the further term of fourteen years, making 
forty-two years in all. Applications for renewal must be accompanied by ex- 
plicit statement of ownarship, in the case of the author or of relationship, in 
the case of his heirs, and must state definitely the date and place of entry of 
the original copyright. Advertisement of renewal i^ to be made within two 
months of date of renewal certificate, in some newspaper, for four weeks, 

7. The time within which any work entered for copyright may be issued 
from th^ press is not limited by any law or regulation, but depends upon the 
discretion of the proprietor. A copyright may be secured for a projected work 
as well as for a completed one. But the law provides for no caveat, or notice 
of interference — only for actual entry of title. 

8. A copyright is assignable in law by anj- instrument of writing, but such 
assignment must be record v:d in the office of the Librarian of Congress within 
sixty days from its date. The fee for this record and certificate is one dollar, 
and for a certified copy of any record of assignment one dollar. 

9. A copy of the record (or duplicate certificate) of any copyright entry will 
be furnished, under seal, at the rate of fifty cents each, 

10. In the case of books published in more than one volume, or of periodicals 
published in numbers, or of engravings, photographs, or other articles published 
with variations, a copyright is to be entered for each volume or part of a book, 
or number of a periodical, or variety, as to style, title, or inscription, of any 
other article. But a book published serially in a periodical, under the same 
general title, requires only one entry. To complete the copyright on such a, 
work, two copies of each serial part, as well as of the complete work if pub- 
lished sepa'rately), must be deposited. 

11. To secure a copyright for a painting, statue, or model or design intended 
to be perfected as a work of the fine arts, so as to prevent infringement by copy- 
ing, engraving, or vending such design, a definite description must accompany 
the application for copyright, and a photograph of the same, at least as large as 
^'cabinet size," should be mailed to the Librarian of Congress withinten days 
from the completion of the work or design. 

12. Copyrights cannot be granted upon trale-marks, nor upon mere names of 
companies or articles, nor upon prints or labels intended to be used with any ar- 
ticle of manufacture. If pro' ection for such names or labels is desired, appli- 
cation must be made to the Patent Office, where they are registered at a fee of 
$6 for labels and $25 for trade-marks. 

13 Citizens or residents of the United States only are entitled to copyright. 

14 Every applicant for a coyyright should state distinctly the full name and 
residence of the claimant and whether the right is claimed as author, designer, 
or proprietor. No affidavit or formal application is requTed. 

W G w 10 



THE POST-OFFICE DEPARTMENT. 



Every citizen of the United States is directly and personally 
interested in this department. There are vast numbers of peo- 
ple who never come in contact with the General Government in 
any other way than through the local post-office. The increase of 
business in this branch of the administration and the extension 
of the mail service from year to year is enormous, and supplies 
a safe criterion by which to estimate the growing wealth and 
prosperity of the country. 

At the close of the last Hscal year, ended June 30, 1886, there 
were in operation throughout the United States 22,799 routes of 
all classes on which mail service was maintained by the Depart- 
ment at an annual rate of expenditure on that day of |29,026,- 
658. This is a very large sum. but when it is considered that 
these routes aggregate in the star, steamboat, mail-messenger^ 
special and railway service 387,586 miles in length, on which 
there was an annual travel of 258,788,065 miles, more than 10,000 
times the circuit of the globe, penetrating to the remotest se«- 
tions of the country, and on which the mails were carried to- 
every city, town, and hamlet, to every home and mining camp, 
and by every means of conveyance, from a railroad train speed- 
ing at the rate of forty miles an hour to the Indian carrier on 
his snow shoes picking his cautious way among the avalanches- 
of the Sierras, and with an average frequency of 6.42 trips per 
week, the magnitude of this sum will not appear out of propor- 
tion to the magnitude of the service. 

While these figures give an adequate conception of the range 
and extent of the service, to those unfamiliar with the opera- 
tions of that service, the word " mail " conveys but an imperfect 
idea of the weight and volume of the matter carried. This 
weight and volume are to be equally regarded with the distance,, 
in judging of the relation of the cost to the service. There are 
no means available at present of ascertaining the weight of the 
mail matter carried on steamboats and on the star routes, as con- 
tracts are made in these two branches of the service without re- 
gard to weight or volume of mail; but on the 30th of last June 
the records in the Post- Office Department show that on that day 
there were carried on all the railroads in the United States 
3,246,431 pounds, or 1,623 tons, of mail matter. It is true that 
a very large part of this weight passes over more than one route, 
and is therefore counted more than once; but under the act of 
1873 weight constitutes the gauge of payment of railroad trans- 
portation, and these figures, therefore^ enable us to form an es- 

UG 



147 

timate sufficiently approximate of the enormous amount of mat- 
ter daily transported over all the mail routes in the United States. 

Here, as in other Departments, the matter of prime importance 
to persons having business relations with the Government is to 
begin in the right way. Many who are seeking mail contracts 
are disappomted and complain of injustice when their want of 
success is often due to their own fault. Many bids are rejected 
simply because the bidders fail to compty specifically with the 
"Instructions to Bidders and Postmasters," published below. If 
these instructions are not strictly followed in every instance a bid 
will not be considered, but will be rejected on account of infor- 
mality, whatever may be its merits. 

The principal reasons for wdiich proposals for carrying the mail 
are rejected are: 

1. Failure to have at least two sureties. 

2 Failure of the bidder to take and subscribe the oath re- 
quired by law. 

3. Failure of the sureties to answer under oath as to the value 
of their property, and to give a description of the real estate 
and where the title is recorded. 

4. Insufficient value of real estate owned by the sureties. 

5. Erasures in any material part of the bid or bond, unless the 
erasures were made before the bond was signed, as shown in a 
note on the blank form. 

6. Insufficient amount of bond, which amount is in every in- 
stance specially stated under the routes in the advertisement. 

7. Failure of the sureties to swear that they are worth, in 
real estate^ over and above all incumbrances, double the amount 
of the bond. 

8. Failure to affix a scroll or seal after each name signed to 
the bond. 

9. Another reason why bids are sometimes rejected is, the 
neglect of the bidder to sign the bond. 

INSTRUCTIONS TO BIDDERS AND POSTMASTERS, 

Containing also conditions to be incorporated in the contracts to the extent the 
Department may deem proper. 



The Postmaster-General warns bidders and their sureties to acquaint them- 
selves fully with the laws of Congress relating to contracts for the carrying of 
the mails (the important provisions of which are cited herein), and also to 
familiarize themselves with the instructions and forms herein furnished, before 
they shall assume any liabilities as such bidders or sureties, and to prevent mis- 
apprehension or cause of complaint thereafter. 

Postmasters are required to make themselves familiar with the laws and these 
instructions, that they may be able to inform and direct others. 

1. Seven minutes are allowed to each intermediate office, when not otherwise 
specified, for assorting the mails. 

2. On routes where the mode of conveyance admits of it, the post-office inspec- 
tors of the Post Office Department, also post-office blanks, mail-bags, locks, and 
keys, are to be conveyed without extra charge. 



148 

3. "Way bills" or receipts, prepared by pastsntisters or other agents of the 
Department, will accompany the mails, specifying the number and destination 
of the several bags, to be examined by the postmasters, to insure regularity in 
the delivery of the bag^ and pouches 

4. No pay will be made for trips not perfo rmed; and for each of such omis- 
sions, it tiie failure b'3 occa ioned by th) fault of the contractor or carrier, three 
times the pay of the trip may b3 de luctid. For arrival so far behind time as 
to br.-a'v Gonnectioa with dep nding mails and not sufficiently excused, one- 
fourth of the comp3nsation for tlie trio is subject to forfeiture. For repeated 
delinquencies of the kiad herein specifle 1, eilarged penalties, proportioned to 
the natare thereof and t'le impor' ance of the mail, may be made. 

5. For 1 'avia r behind or thr >whij^ off the mails, <n' any portion of them, for 
the a Imission of passengers, or for being c mc^raed ii setting up or running an 
expres ; coaveying intelligence in advance of tlie mail, not to exceed a quarter's 
pay may be deducted. 

6. Fints will be imposed, ua^e-s the delinquency be promptly and satisfac- 
torily explained by certificates of postmasters or the affidavits of other credible 
persons, for fai ing to arrive in contract time; for neglecting to take the mail 
from, or deliver it into, a post-office; for suffering i to be wet, injured, de- 
stroyed, or for refusing, after demand, to convey the mail as fr-^qu'^ntly as the 
contractor runs, or is concerned in running, a coacl\, car, or othar vehicle, a 
steamboat or other vessel, on a route; and tor the loss of, or depredati; n upon, 
a mail pouch in the custody of the contractor, a penalty may be imposed in a 
sum not to exceed or.e and one-fourth times the value of the contenti lot there- 
by: Provided, That the loss is occasioned by the fault of the contrator or his 
age nt. 

7. The Postmaster-G-eneral may annul the contract for repeated failures to run 
agreeably to contract; for assigning the contract; for violating the postal laws 
or regulations, or disobeying the instructions of the Department; fur refusing 
to discharge a carrier when required by the Ddpartment to do so; for running 
an express as aforesaid; or for transporting persons or packages conveying 
mailable matter out of the mail. 

8. The Postmaster- General may order an increase of service on a route by al- 
lowing therefor not to exceed a jpro rata increase on the contract pay. He may 
change schedu'es of departure > and arrivals in all cases, and particularly to 
make them conform to connections with railroads, without incr.aseof pay, pro 
vided the runaing time be not abridged. The Postmaster-General may also 
discontinue, change, or curtail the service, in whole or in part, in order to place 
on the route sup ^rior service, or wh never the public interests, in his judgment, 
shall require such discontinuance or curtailment for any other cause; he allow- 
ing, as fu 1 indamnity to contractor, on^ month's extra pay ori.t\iQ amount of 
service dispensed with, and not to exced pro rata compensation for the amount 
of service retained and continued, but the Postmaster General reserves the right 
to rescini any acceptance of a prop:>sal at any time before the signing on be- 
half of the United States of the formal contract, without thz allowaiia of any 
indemnity to the accepted bidder. 

9. The Postmaster General may extend the service f s provided in the act of 
August 3, 1882, which is as follows: " The Postmast'^r General is hereby au- 
thorized, in cases where the mail service would be thereby improved, to extend 
service on a mail route under contract, at not exceeding j9?'^ rata additional pav, 
for any distance not exceeding twenty-five miles beyond either terminal p)int 
named in said contract: Provided, That no service shall be extended beyond the 
original terminal points more than once during the term for which the contract 
shall have been made." He may a' so continue a contract in force for any p3- 
riod not e .ceeding six months beyond its expressed term. 

10. Payments will bo mad3 by draf'ts on postmasters or otherwise after he 
expiration of each quarter —say in ]!!Tovemb3r, February, May, and August, or 
as soon thereafter as accounts can b stated and settled — provided that required 
evidence of service has been received. 

11. The distances given are believed to be substantially correct; but no in- 
creased pay will be allowed should they be greater than advertised, if the points 
to be supplied are correctly stated. Bidders must inform themselves on this 
pointy and also in reference to the weight of the mail, the condition of hills, 
roads, streams, gulfs, estuaries, etc., and all toll-bridges, turnpikes, plank roads, 
ferries, or obstructions of any kind by whici exp3nse maybe incurrei. No 



149 

claim for additional pay, based on such ground, can be considered; nor for al- 
leged mistakes or misapprebension as'to tbe frequency of service; nor for 
bridges destroyed, ferries discontinued, cbaoge of roads by local autborities, 
fencing of farms wbicb causes tbe service to be performed on section lines, or 
other obstructions causing or increasing distance or expense occurring during 
the contract term, Offi:'es established after this advertisement is issued, and 
also during the contract term, are to be visited vp^ithout extra pay, if the distance 
be not increased. 

13. Bi Iders are cautioned to mail thei • proposals in time to reach the Depart- 
ment by th ^. day and hour named in the advertisement, as bids received after 
that tim^e will not he considered in competition with bids of reasonable amount 
received in time. Neither can bids be considered which are without the bond, 
oatb, and certificate required by section 245, act of June 23, 1874, and section 
246, act of August 11, 1876. 

13. Bidders should state in their proposals the service bid for strictly ac- 
cording to this advertisement, regardless of any changes made in the present 
service. 

14. There should be but one route bid for in a proposal. Consolidated or 
combination bids ("proposing one sum for two or more routes") cannot be 
considered. 

15. The route, the service, the yearly pay, the name and residence of the. bid- 
der (that is, his usual post-office address), and the name of each member of a 
firm where a company bids, should be distinctly stated. 

16. Bidders are requested to use the printed proposals furnished by the De- 
partment, to write out in full the sum of their bids, and to retain copies of 
th'jm. 

17. Bi'Js altered in the route, the service, the yearly pay, the name of the 
bidder, or anv material pirt of the bond, by erasures or interlineations, should 
n-t b 3 submitted; and if so submitted will not be considered in awarding the 
contracts. N"o witbd' awal of a bid will be allowed unless ihe withdrawal is re- 
ceived twenty-four hours previous to th .i time fixed for opening the proposals. 

18. In ca e of failure of ihe accepted bidder to execute a contract, or of the 
abandonment of service daring the co-itract term, the service will be relet at the 
expense of ihe failing bidder or contractor, and any accepted bidder who shall 
wrongfully refuse or fail to eater into contract in due form, and to perform the 
service described in his propo al, may b- deemed guilty of a misdemeanor, and, 
on conviction t^iereof , be fined and imprisoned therefor. 

19. The Postmaster Gen ral res. rves the right to su~spendthe award of service 
on aoy r:»ute for a period not exceeding thirty diys after the date set in this 
advertisement, with a corresponding allowance of the time for the execution 
of the contract, and to reject ad bids on any route whenever in his judgment 
the interests of the service require it, and also to disregard the bids of failing 
contractors and bidders, 

20. No contract for carrying the mail shall be made with any person who has 
entered, or proposed to enter, into aiy combination to prevent the making of 
any bid for carrying the mail, or who has made any agreement, or given or per- 
formed, or pr.'>mised to give or perform, any consideration whatever to induce 
any other person not to bid for any such contract. 

21. No bid ler for c .rrying the mills shall be released from his obligation un- 
der his b'd or proposal, notwithstanding an award made to a lower bidder, un- 
til a contract for tbe designated service shall have been duly executed by such 
lower bidder aad his sureties, and accepted, and the service entered upon by 
the contractor to tht- satisfaction of the Postmaster-General. 

22. By regulat on of the Department, no carrier can ' e employed who is under 
sixteen years of age; and no bidder will be excepted who is under twenty-one 
years of age, or who is a married woman. 

23 Every proposal must be accompanied by a bond with two or more sureties 
approved by a postmaster, and in cases where the amount of the bond exceeds 
five thousand dollars ($5,000; by a postmaster of the first, secon ^ or third class. 
Bids for service, the pay of which at the time of advertisement exceeds five 
thousand dollars ($5,000), must be accompanied by a certified check, or draft, 
payable to the order of the Postmaster-General, on some solvent natii3nal bank, 
of not less than five per centum on the amount of the annual pay on such route, 
and in case of new or modified service, not less than five per centum of the 



:150 

bond accompanying the bid, if the amount of said bond exceeds five thousand 
dollars ($5,000). 

24. The amount of boni required with bid and the amount of check when re- 
quired are stated ia the advertisement under the appr )priate loute. 

35. Sureties on the bond of a bidder mu5t take an oath before an officsr quali- 
fied to administer oaths that they are the owners of real estate worth, in the ag- 
gregate, a s im double the amount of said bond, over and above ail debts due 
and owing by them, and all judgments, mortgages, and executions against them, 
after allowing all exemptions of every character whatever. 

A married woman will not be accepted as surety, either on the bond of a 
bidder or upon a contract. 

Accompanying the bond of a bidder, and as a part thereof, shall be a stat3- 
ment of the sureties, under oath, sho";ving the amount of real estate oTv^ned by 
them, a brief description thereof and its probable value, where it is s'tuitei, and 
in what county and State th3 record-evidence of their title exists. Any surety 
who swears falsely to this required stxtement is deemed hy the law guilty of per- 
jury, and is punishable as is prescribed by law for that crime. 

26. All checks deposited with bids will be held until contract is execu ed and 
the s?rvice commenced by th3 accepted bidder. Checks icill then he returned by 
mail to thz Udders at the addr sses stated in their proposals, unless otherwise re- 
quested by bidders. 

27. The contracts are to he executed and filed in the Department within sixty 
days from the date of acceptanc. of th3 hid, otliirwise the accepted bidder will bz 
considered as having failed, and the Postmaster- Q-eneral may proceed to contract 
for the servicz with o*her parties, according to law. 

28. Assignments of contracts, or of interest in contracts, are forbidden by 
law, and consequent y cannot b ^ allowed. Neither can bids aor interest in bids 
be transferred or assigned to other parties. Bidders will therefore take notice 
that they will be expected to perform the service awarded to them through the 
whole contract term. 

29. Section 3949, Revised Statutes, provides that contracts for the transporta- 
tion of the mail f^h ill be " awarded to the lowest bidder tenlerinj safficient 
guarantees for faithful performance, without other reference to the mode of such 
transportaion than may be necessary to provide for the due celerity, certainf^y, 
and securiiy thereof." Under this law bids that propose to transport the mails 
with '"celerity, certainty and security''' having been decided to be the only legal 
bids, a -e constraed as providing fo' the entire mail, however large, ani wh itcver 
may hi the mode of conveyance necessary to injure its " cd-irity, ce taint y , and se- 
curity,'' and him the pr<ference over all others, and no others are considered, 
except for steamboat routes. 

30. Foreign m ul i in transit across the territory of the United States shall, 
witliin the meaning of this advertisement, be deemed and taken to be mails of 
the United States. 

31. On routes where steamboat service is required, the c:>ntractor will be re- 
quired to furnish steamboats which are safe, suitable, and satisfactory to the 
Postm ;ster- General. 

32. On steamboat routes the Postmaster-General may increase the service or 
change the schedule, he allowin . a pro rata increase of compensation within 
the lestrictions imposed by law for the additional servic3 required; but the con- 
tractor may, in case of in -reas d service, relinquish the contract on timely no- 
tice, if he prefers it to the change. Also, that the Postmaster-General may 
curtail or discontinue the service in wh->le or in part, he allowing one month's 
extra piy on the amount dispensed with; and the contractor will be requ'red to 
deliver and receive the mails at the terminal offices without regar 1 to the dis- 
tance (provided the Department has not previously assum d that duty by regu- 
lation-wagon service), and also at all the intermediate offices now established or 
that may be hereafter established on eith3r bank of the r ver, sound, inlet, bay, 
or the coastline along which the service is performed, provided said offices are 
located not over one-quarte of a mile from the landing, and also to deliver and 
receive at the landing the mails for other offices which are or maybe established 
at a greater distaice, or for routes diverging from the Imdiags where the De- 
partment has or may provide contract or m3S3enger servlcs or at as many of 
said offices or lanilin"(s as may b^ required by the Departmsnt. 

33. If the R. P. O. clerks are placed on the steamboats they will have entire 
charge of the mails and all mail matter, a id the contractor Will b } required to 



151 

dt up on each steamboat employed in the service, and as near alike in arrange- 
ment as possible, a room suitable for a post office, with a sleeping apartment at- 
tached thereto, for the exclusive use of the R. P. O. clerk, and to furnish first- 
class board to said clerk while on duty or en route. In case there be no R. P. O. 
clerk appointed by the Department, an officer of the steamboat must be duly- 
sworn as provided by the act of March 5, 1874, and have custody of and attend 
to the receipt and delivery of the mails. 

34. A modification of a bid in any of its essential terms is tantamount to a new 
bid, and cannot be received s ^ as to mterfere with regular competition. Making 
a new bid in proper form is the only way to modify a previous one. 

' 35. iW Postmasters are cautioned, under penalty of removal, not to sign the 
approval of the bond of any bidder iDefore the proposal is completed and the 
bond is sign d by the bidder and his sureties, and not until entirely satisfied of 
the sufficiency of the sureties. 

They are also cautioned not to divulge to any one the amount of any proposal 
certified by them. Doing so will be sufficient cause for their removal. 

36. No postmaster, assistant postmaster, or clerk employed in any post-office 
sha'l be a cont; actor or concerned in any contract for carrying the mail. 

37. Postmasters are also liable to dismissal from office for acting as agents of 
contractors or bidders, with or without compensation, in any business, matter, 
or thin ; relating to the mail service. They are the trusted agents of the Depart- 
ment, and cannot consistently act in both capacities. 

In case the route is not fully supplied with pouches, locks, and keys, requisi- 
tion must be made upon the Second Assistant Postmaster-General for the same 
before the date of beginning service. 

SUBCONTRACTS. 

By act of Congress of May 17, 1878, the following provisions 
are made relative to subletting of mail contracts : 

Sec. 2. Hereafter no subletting ot transfer of any mwil contracts shall be per- 
mitted without the consent, ia writina:, of the Postmaster-General; and when- 
ever it shall come to the knowledge of the Postmaster-General that any con- 
tractor has sublet or transferred his contract, except with the consent of the 
Postmaster-General as aforesaid, the same p^hall be considered as violated and 
naay be again advertised as herein provided for; and the contractor and his 
securifes shall be liable on their bond to the United States for any damage re- 
sulting to the United States in the premises. 

Sec. 3. Herea ter, when anv person or persons, being under contract with 
the Governnent of the United States for carrying the mails, shall lawfu'ly sub- 
let any such contract, or lawfully employ any o her person or persons to per- 
form the service by such contractor agreed to be performed, or any part thereof, 
he or they shall file in the office of the Second Assistant Postmas-er-General a 
copy of his or their contract ; and thereu oon it shall be the duty ol the Second 
Assistant Postmaster-General to notify the Au ator of the '^ reasury fcr the Post 
Office Department of the fact of the filing in his office of such contract. Said 
notice shall embrace the name or names of the original contractor or contractors, 
th3 number of the route or routes, the name or names of the subcontractor or 
subcontractors, and the amount agreed to be paid to the subcontractor or 
subcontractors. And upon the receipt of said notice by the Auditor of the 
Treasury for the Post Office Department, it shall be his duty to retain, out of the 
amount due the original contractor or contractors, the amount stated in said 
notice as agreed to be paid to the subcontractor or subcontractors, and shall pay 
said amount, upon the certificate of the Second Assistant Postmaster-General, 
to the subcontractor or subcontractors, under the same rules and regulations 
now governing the payments made to original contractors ; Provided, That 
upon satisfactory evidence that the original contractor or contractors have paid 
off and discharged the amount due under his or their contract to the subcon- 
tract or or subcontractors, it shall be the duty of the Second Assistant Post- 
mister-General to certify such fact to the Auditor of the Treasury for the Post 
Office Department ; and thereupon said Auditor shall settle with the original 
•contractor or contractors, under the sam3 rules as are now provided by law for 
such settlements. 



152 

Contractors must in all cases secure the permission of the Postmaster -General^ 
before making a subcontract on any route. The application to sublet must be 
made separately for each route, specifying the number and terminal points 
thereof. 

Subcontracts executed and filed in accordance with the provisions of the act 
of May 17, 1878, will be subject also to the art of May 4, 1882, which is as follows : 
"That whenever any contractor or subcontractor shall sublet his contract for 
the transportation of the mail en any route for a less sum than that for which 
he contracted to perform the service, the Postmaster-General may, whenever 
he shall deem it for the good of the service, declare the original contract at an 
end, and enter into a contract with the last subcontractor, without advertising, 
to perform the service on the terms at which the last subcontractor agreed with 
the original contractor or former subcontractor to perform the same : Provided, 
That such last subcontractor shall enter into a good and sufficient bond, and' 
that the original contractor sha'l not be released from his coatract until a good 
and sufficient bond has been made by such last subcontractor and accepted by 
the Post Office Department: Provided further, Th'dt when a contract hereafter 
made is declared void on account of its having been sublet, the contractor shall 
not be entitled to one month's extra pay as provided for by law . And provided 
further^ That if any person shall hereafter perform any service for any contractor 
or subcontractor in carrying the mail, he shall, upon filing in the Department 
his contract for such service, ands tisfactory evidence of its performance, there- 
after have a lien on any money due such contractor or subcontractor for such 
service to the amount of the same ; and if such contractor or subcontractor shall 
fail to pay the party or parties who have performed service as aforesaid the 
amount due for such service within two months after the expiration of the quar- 
ter in which such service shall have been performed, the Postmaster-General 
may cause the amount due to be paid to said party or parties and charged to the 
contractor, provided taat such payment shall not in any case exeed the rate of 
pay per annual of the contractor or subcontractor : And provided further, That 
where any person, corporation, or partnership shall have contracts for the per- 
formance of mail service upon more than orje route, any failure to perform the 
service according to contract o i any one or more of such routes shall occur, no 
payment shall be made for service on any of the routes under contract with such 
person, corporation, or partnership untirsuch failure has been removed and all 
penalties therefor fully satisfied. 

CONDITIONS OF PERMISSION TO SUBLET. 

1. The subcontract must be executed for service upon the whole route, and 
for a period not less than one year, or for the balance of the contract term when 
less than one year, and it must be filed by the contractor in the office of the Sec- 
ond Assistant Postmaster-General within thirty days after the time when service 
is to begin under it. 

2. The subcontractor must be a resident of a locality upon or contiguous to- 
the route. 

3. The subcontract must be executed in the form pr ascribed by the Postmaster - 
General in blank No. 2075, and must specify the rate to bepaidj^er annum under 
it, in case the service shall be changed; must stipulate that the subcontractor 
shall assume liability for fines and deduction, and that he shall receive jsro rata 
of the one month's extra pay allowed contractor for curtailment, reduction, or 
discontinuance of service. 

4. None of the stipulations of the subcontract (Form No. 2075) are to be elim- 
inated therefrom, and no collateral stipulations of aiy character whatever are 
to be added thereto. 

The execution of a subcontract on any route without permission, or, if after 
permission, in violation of these instructions, renders the original contract liable 
to annulment. 

When a route is sublet to a party living at an intermediate point, or at the foot 
of the route, the schedule will not be chans^ed unless an investigation shall show 
that a change will be an improvement on the existing schedule. 

Nei her the permission to sublet, nor the recognition of the subcontract made- 
in pursuance thereof, shall be construed as releasing the contractor from any of 
the obligations of his contract with the United States. See section 3963, ilevise(i 
Statutes. 



153 

The "^ord " transfer/' as used in section 2 of the law above quoted, is declared 
to be synonymous with sublet, and does not'permit in any cas'j the absolute 
transfer of a mail contract. 

By a decision of the Attorney-General, the provisions of this law are applica- 
ble to ell mail contracts. 

The evidence of payment of a subcontractor by a contractor, provided for in 
section 3, must be the receipt of the subcontractor, attested by a postmaster at 
a terminus of the route sublet, on a form furnished by the Offi^:e of the Second 
Assistant Postmaster General. 

A subcontractor may avail himself of the benefits of the laws and receive pay- 
mcDt from the Post-Office Department direct, by filing a copy of his subcontract 
in the Office of the Second Assistant Postmaster-General, furnishing therewith 
Ms post-office address. No subcontiaetor can he paid by the Department for 
service at a greater rate than that named in the original contract. 

The copy of subcontract filed must be certified to be a true copy of the origi- 
nal by a postmaster at one of the termini of the route therein sublet. 

No subcontract can be recognized unless made with the original contractor. 



PROPOSALS. 



iS^Proposals altered by erasure or interlineation of the route, the service, the yearly 
day, or the name of the bidder, will not be considered. 



FORM OF PROPOSAL, BOND, A.ND CERTIFICATE. 



PROPOSAL. 



The undersigned, , wLose post-office address is , county of 

, State of , proposes id cany tlie mails of tlie United States, from 

July 1, 1887, to June 30, 18—, on route No. , between and , 

State of , under the advertisement of the Postmaster General, dated Jan- 
uary 24, 1887, "with celerity, certainty, and security," for the sum of 



dollars per annum; and if this proposal is accepted, he will enter into contract, 
with sureties to be approved by the Postmaster-General, within sixty days after 
date of acceptance. 

This proposal is made with full knowledge of the distance of the route, the 
weight of the mail to he carried, and all other '' particulars in reference to the route 
and service ; and, also, after careful examination of tJie laws and instructions at- 
tached to advertisement of mail service. 
"Dated , 1887. , Bidder. 

Oath required by section 245 of an act of Congress approved June 23, 1874, to be 
affixed to each bid for carrying the mail, and to bs taken before an officer qualified 
to administer oaths. 

X , of , bidder for carrying the mail on route No. , 

fT.Qin to , do swear that I have the ability, pecuniarly, to fulfill my 

obligation as such bidder; that the bid is made in good faith, and with the in- 
tention to enter into contract and perform the service in case said bid shall be 
accepted. 

Sworn to and subscribed before me, , for the of , this 

day of , A. D. 1887, and in testimony whereof, I hereunto subsc ibe 

my name and affix my official seal the day and year aforesaid. 

[seal.] , 

Note.— When the oath is taken before a justice of the peace, or any other officer not 
usinff a seal except a judcre of the United States court, the certificate of the clerk of a 
court of record must be added, under his seal of office, that the person who administered 
the oath is duly qualified as such officer, ^.„ ^ . , ^ ^^ i . . . 

4®-Bid8 must be accompanied by a certified check, or draft, on some solvent national 
bank payable to the order of the Postmaster-General, equal to 5 per centum on the present 
annual pay on the route when the present pay exceeds $5,000 ; or in case of new service, 
not less than 5 per centum of the amount of the bond accompanying the bid, if said bond 

The proposal must be signed by the bidder or bidders, and the date of signing affixed. 
Direct to the "Second Assistant Postmaster General, Post-Office Department, Washing- 
ton, D. C" marked "Proposals, State of ," 

Note —Any alteration by erasubb or interlineation of a material part of the 
FOLLOWING BOND WILL CAUSE IT TO BE REJECTED, unless it appears by a DOte or memorandum, 
attested by the witnesses, that the alteration was made before the bond was signed and 

When partners are parties to the bond the partnership name should not be used, but 
«ach partnei should sign his Individual name. . ^ „ . , , , ,, ^ -^ j, ^ 

4®»Insert the names of the principal and sureties m full m the body of the bond; also 
the date. The signatures to the bond should be witnessed, and each signature must be 
opposite a separate seal. 

154 



155 



Know all men by these presents, that , of , in the State 

of , principal, and and , of , in the State 

of . as sureties, are held and firmly bound unto the United States of 

America in the just and full sum of dollars, lawful money of the United 

Stntes, to be paid to the said United Stat'^s of America or its duly appointed or 
authorized officer or officers; to the payment of which, well and truly to be 
made and done, we bind ourselves, our heirs, executors, and administrators, 
jointly and severally, firmly by these presents. 

Sealed with our seals, and dated this d«y of , 1887 

Whereas, by an j ct of Congress approved "June 23, 1874. entitled ' 'An act 
making appropriations for the service of the Post Office Department for the 
fiscal year ending June t'nrtieth. eighteen hundred and seventy-five, and for 
other purpose ," it is provided "that every proposal for carrying the mail shall 
be accompanied by the bond of the bidder, with sureties approved by a post- 
master;" in pursuance whereof, and in compliance with the provisions of s^id 
la^, this boLd is made and executed, subject to all the terms, concitions, and 
remedies thereon in the said act provided and prescribed, to accompany the 
aforegoing and annexed proposal of the said : 

Now, the condition of the said obligation is such, that if the said bidder, as 
aforesaid, shall, within such time aUerhis bid is accepted as the Postmaster- 
General has prescribed in said advertisement, to wit, within sixty (lays after 
dat ' of acco;ptance A the bi 1, enter into a contract with the United State? of 
America, with good and sufficient sureties to be approved by the Postmaster- 
Ocnera', to perform the s rvice proposed in his said bid, and further shall per- 
form said service according to his contract, then this obligation shall be void; 
otherwise, to be in full force and obligation in law. 

In witness whereof we have hereunto set our hands and seals this day 

of , 1887. 



Witness: 



SEAL. 
SEAL. 
SEAL. 
SEAL, 



Is'GTE.— A MARKIED WOMAN WILL NOT BE ACCEPTED AS SURETY. 
INTEKROGATORIES . 

The following int rrogatories are prescribed by the Postmaster General, to be 
answered under oath by tach of the sureties in the aforegoing bond, and no 
bid will be considered in which these interrogatories are not fully and satis- 
factorily answered: ■ " 

1. What amount in value of real estate is owned by you ? 

2. Of what description, town or city lots, improved or unimproved; or farm- 
ing land, cultivated or uncultivated ? 

3. Where is it situated? 

4. In what county and State does record-evidence of your titles exist ? 
Especial attention is called to the interrogatories to be fully answered below. 

^ OATH OF SURETIES. 

STATE OF , County op , ss : 

On this day of , 1887, personally appeared before me 

and , sureties in the aforegoing bond, to me known 



to be the persons named in said bond as sureties, and who have executed the 
same as such who, being by me duly sworn, depose and say, and each for him- 
self deposes and says, he has executed the within bond; that his place of resi- 
dence is corr.^ctly stated therein; that he is the owner of real estate worth the 
sum here'nafter set against his name over and above aU debts dae and owing 
by him, and all judgments, mortgages, and executions against him, after al- 
lowing all exemptions of every character whatever, the t tal sum thus assured 



156 



amcun in^- to ( $ ) -— dollars, being double the amount of the afore- 
going bond. 

And in answer to the aforegoing interroga- cries each of the said sureties 
further deposes and says that the value, description, location, and place of 
record -evidence of the title of his real estate is as follows: 



Names of sure- 
ties. 


Value of 
real estate. 
(Answer to 
interroga- 
tory No. 1. 


Description of real 
estate. (Answer to 
interrogatory No. 2.) 


County and 
State where 
located. (An- 
swer lo inter- 
ro>5atory No.3.) 


County and State 

where record 

evidence of title 

is. (Answer to 

inter ogatory 

No.4.) ' 




% 






























1 
































i ! 



Sureties sign here < 
Subscribed and sworn before me this day of , 1887. 



Note.— "When the above oath is taken before a justice of the peace or any other officer 
not iising a seal, except a judge of a United states court, the certificate of the clerk of a 
court of record must be added, under his seal of office, that the person who administered 
the oath is duly qualified as such officer. If ihe oath is taken before a notary public and 
his seal is affixed, the certificate of the clerk of a court is not necessary. 



CERTIFICATE OF POSTMASTER. 



I, the undersigned, postmaster at 



-, State of 



after the exercise of 



due diligence to inform mjself of the pecuniary ability and responsibility of 
the principal and his sureties in the aforegoing bond, aad of the unincumbered 
real estate owned by tbem respectively, do hereby approve said bond, and certify 
that the said sureties are sufficient — sufficient in my belief to insure the payment 
of double the entire amount of the said bond; and 1 do further certify that the 
said bond was duly signed by , bidder, and , and 



Dated 



his sureties, before signing this certificate. 

1887. 



— , Postmaster. 



Note. — Postmasters must not, under penalty of removal, sign the above certificato before 
the proposal is completed and the bond is sig'ned '»y the bidder and his sureties. It will i 
toe cause for removal if a postmaster shall divulgj the amount of any bid certified by him;' 



Blank forms of proposal, bond, and certificate to be had on application to the| 
Second Assistant Postmaster- General. 

Bids should be sent in sealed envelopes, superscribed: "Mail Proposals, State] 
•£' ^— , — , and addressed to the Second Assistant Postmaster Gen- 

WM. F. VfLAS, 

Postmtster- General. 



THE DEAD LETTER OFFICE. 



This office was erected iuto an independent bureau in 1886. 
The official in charge is known as '^Superintendent of the Dead 
Letter Office." This office is the receptacle of all mailed matter 
which fails to reach the part}^ for whom it was intended. 
Sometimes matter which is not transportable by mail is dropped 
in the box at the local post-office. This goes direct to the Dead 
Letter Office, and not to the party addressed. With regard to 
matter which is mailable, there are many obvious reasons why it 
fails to reach the person for whom it was intended. The party 
addressed may have changed his residence 5 there may have been 
an error in the direction ; the writing may not be legible, etc., 
etc. 

The busiiieoS of this Bureau requires the services of 110 em- 
plo^^ees. 

The last report (1886) shows that : 

In the treatment of the matter received at the Dead Letter 
Office there were 61,348 card and request letters delivered un- 
opened. 

The held-for postage letters addressed to Canada and for- 
warded unopened from the Dead-Letter Office, upon the receipt 
of the postage, numbered 4,371. 

The misdirected letters forwarded unopened upon correction 
of addresses showed an increase of 10,368, or 15 per cent, over 
the number forwarded during the previous year. 

In the letters opened in the Dead Letter Office there was a 
decrease from the number opened during tlie previous year of 
31,549, or less than 1 per cent. 

The numherof opened lettersrestoied to owners was 2,103,243. 

The number of letters containing nothing of value and which 
it became necessary to destroy for want of any clew for their 
restoration was 2,053,929. 

The number of letters received at tha Dead Letter Office in- 
closing mone}' was 15,911, and the amount contained therein 
was $23,130.41 in amount. 

The number of letters received which contained money-orders, 
notes, checks, and other evidences of monetary value, was 19,- 
48 S. The nominal value represented was $1,240,506.89. 

The number of letters containing receipts, paid notes, and 
other p ipers of minor value was 32,033. 

The number containing photographs was 30,773. 

The number of letters containing articles of merchandise to- 
gether with the parcels of third and fourth class matter sent to 
the Dead Letter Office during the year was 92,196. 
157 



158 

The number of letters inclosing money which were restored to 
their owners dm-ing the year was 12,1^8^ containing $21,732,41, 
being 76 per cent, of the total number of letters received, and 77 
per cent, of the total values inclosed. 

Of the letters inclosing money-orders, notes, drafts, etc., 18,- 
105, containing a representative value of $1,121,151.74, were re- 
stored to the owners ; and these we.e 93 per cent, of the total 
number and 90 per cent, of the total value received. 

The number of letters containing receipts, paid notes, etc., re- 
stored to owner was 28,135, or 87 per cent, of the total received ; 
the number containing photographs was 25,835, or 83 per cent, 
of the total received ; and the number containing postage stamps 
was 92,228, or 95 per cent, of the total received. 

The number of parcels of third and fourth class matter re- 
stored to owner during the year was 39,443, or 42 per cent, of 
the total received. 

The small proportion of this class of matter restored is due to 
the neglect of the senders to avail themselves of the right to in- 
dorse upon the cover of the parcel their name and address, so 
that when they reach the Dead Letter Office, upon failure to find 
the addresses, there is no clew whatever to the sender. 

Of the 4,164,602 sealed letters opened in the Dead ^Letter 
Office during the year, 208,316, or 5 per cent., contained other 
in closures, and were made matters of record. 

The statistics afforded by the foregoing statements and by the 
tables hereto appended are worthy of close examination. 

Letters are first examined to see if they can be sent back un- 
opened If this cannot be done they are opened, and, if the 
matter gives the clew, they are returned to the sender. Let- 
ters containing money are filed and the money deposited subject 
to the order of the owner for four years, after the expiration of 
which time they are covered into the Treasury, and an act of 
Congress is necessary to enable the owner to draw it out. If 
letters contain no enclosures they are returned at once if the 
name of the sender can be ascertained from the letter. If an 
enclosure is contained, it is recorded under the proper head and 
restored to the owner. If the owner cannot be ascertaine-J, it 
is filed to await reclamation, and if not reclaimed withni two 
years it is sold at public auction. The number of unclaimed 
packages sold at the last auction amounted to 7,326 Some no- 
tion of the amount of business transacted at this office may be 
obtained from the fact that nearly 16,000 unclaimed letters are 
received, on an average, each day. 

THE FOLLOWING STATEMENT IS PUBLISHED FOR THE INFOR- 
MATION OF VISITORS TO THE DEAD LETTER OFFICE, AND 
OTHERS INTERESTED IN THE SUBJECT. 

The whole number of letters received during last year was 4,843,099, or an 
average of 15,673 for each working day. Of these, 3,719,380 were sent here be- 
cause they were not caFed for at the post offices to whicli they were directed ; 



159 

112,648 were returned to post oflSces by hotel keepers and thence sent to the 
Dead Letter Office because the departed guests for whom they were intended 
failed to leave anew address; 122,586 were sent here because they were insuffi- 
ciently prepaid for mailing; 1,797 because they contained articles forbidJen to 
be transported in the mails; 314,719 because they were erroneously or illegibly 
addressed; while 14,134 bore no superscription whatever. The number of par- 
cels of merchandise, books, clothing, needlework, jewelry, etc., received during 
the year was 69,637. The total number of dead letters and samples of merchan- 
dise which were mailed abroad was 477,198. These are all returned to their re- 
spective countries of origin unopened. Of the domestic letters opened, 17,387 
contained money amounting to $33,770.17; 20,204 contained drafts, checks, 
money orders, etc., to the amount of $1,576,948.13; 84,088 contained postage- 
stamps: 34,399 contained receipts, paid n )tes, and canceled obligations of all 
sorts; 38,348 contained photographs; and 25,554 contained articles of merchan- 
dise. 

Every letter and package is delivered to the owner if possible. Misdirected 
letters are sent unopened to the persons addressed, if practicable. Of these, 
62,834 domestic, and 12,070 foreign were so delivered during the past year. 

Letters and parcels which cannot be delivered to the persons addressed are 
opened and, if it is feasible, restored to the senders, the former free of charge^ 
and the latter upon payment of the return postage. 

Every opened" letter containing an inclosure of value is carefully recorded, 
and those for which no owner can be found are filed away subject to reclama- 
tion at auy time. Lcttei>3 without remittances of obvious value are not recorded, 
but are returned to the writers if practicable; otherwise they are destroyed. 

A large proportion of the most valuable parcels sent here is addressed to for- 
eign countries and detained because they contain duliable goods or exceed the 
limit of size or weight. In all such cases, if the name of the sender does not 
appear, the addressees are notified that the package will be forwarded by ex- 
press at their expense, or returned to the sender if they will furnish the proper 
address in this country. 

, The articles received in parcels which can neither be delivered to the person 
addressed nor returned to the sender are finally sold at auction and the proceeds 
deposited in the U. S. Treasury. 

Letters are only read to ascertain the name and address of the writer, or to 
see if anything which was originally inclosed is missing. Information obtained 
from letters in the course of th.ir official treatment in the Dead Letter Office is 
never divulged. 

SUGGESTIONS TO THE PUBLIC. 

Write oe pkint your name and address, and the contents, if a package, 
upon the upper left-hand corner of all mail matter. This will insure its imme- 
diate return to you for correction, if impropsrly addressed or insufficiently paid; 
and if it is not called for at destination, it can be returned to you without going 
to the Dead Letter Office. If the patrons of the mails would avail them elves 
of this privilege it would enable the Department to restore to the sender at least 
90 per cfcnt. of all the undelivered mat er. Letters would be returned free, and 
parcels upon payment of the return postage. Register all valuable Let- 
ters and Packages. Registry fee, ten cents, which, with the postage, must 
be fully prepaid. The name and address of the sender must be given on the 
outside of tbe eavelope or wrapper of all registered articles. 

In sending newspapers, books, pamphlets, and other articles by mail to for- 
eign countries, or to distant points within the United States, the address should 
a'^ways be placed on the articles inclosed as well as on the wrappers. Should the 
wrappers become ditached, as they frequ' ntly do, through the friction and 
movement incident to mail transportation by sea or land, it will still b3 possible 
to deliver the articles if this precaution is taken. Persons to whon such pack- 
ages are regularly sent from Europe, or other places abroad, should advise their 
correspondents to adopl the above suggestion. 

Other Matter. — Same rates and conditions of transmission as for matter for 
delivery within the United States except that merchandise is rigidly exclud- 
ed. Samples of merchandise are mailable, but they must not exceed eight 
ounces in weight, and are subject to a postage of ten cents each. They must 
also be strictly specimens of goods for sale. 



THE SOLDIERS' HOMES. 



In order to provide for the declining years of the veterans of 
the late war, there are several National Homes for disabled 
volunteer soldiers in various parts of the country. The oldest 
and most permanent place of the kind is just north of Washing- 
ton city and intended for veterans of the regular army. 
Branches are established at Fogus, Maine; Hampton, Virginia; 
Dayton, Ohio; and Milwaukee, Wisconsin. The Home at Wash- 
ington owes its existence to General Scott, who induced Congress 
to devote to this purpose, in 1851, the balance of the indemnity 
he exacted from the City of Mexico, amounting to $118,719. 
This fund has since been steadily increased, and has been liberally 
applied to the improvement of the Home. The grounds in- 
clude over Hyq hundred acres of varied landscape, overlooking 
the federal city. There is a main building of white marble, 
with officers' cottages, a handsome library building, chapel, and 
large infirmary or hospital, besides stables, farm-houses, etc. 

The management was thoroughly reorganized by act of. Con- 
gress, March 3d, 1883, and since that time has been more satis- 
factory, it is said, to the inmates and the Government than 
before. Major B. F. Rittenhouse, U. S. A., is the present Secre- 
tary and Treasurer. 

We give abstracts of the laws providing for the Home and 
the regulations issued in pursuance thereof, with the form of 
application for admission. 

Title LIX, chap. 2, sees. 4814 to 4824 Revised Statutes U. S. 
provide as follows: 

The Commissary General of Subsistence, the Surgeon General, and the 
Adjutaat constitute the Board of Commissioners, and have authority to make 
regulations for the direction of the Institution, subject to the approval of the 
Secretary of War. 

Other sections under the same title are the following: 

Sec. 4814. All boldiers of the Army of the Unit d States, and all soldiers who 
have been, or may hereafter be, of the Army of the United States, and who have 
contributed, or may hereafter contribute, according to section forty-eight hun- 
dred and nineteen, to the support of the Soldiers' Home hereby created, nd the 
invalid and disabled soldiers, whether regulars or volunteers, of the war of 
eighteen hundred and twelve, and of all subsequent wars, shall, under the re- 
strictions and provisions which follow, be members of the Soldiers' Home, with' 
all the rights annexed thereto. [See section 4821.] 

Sec. 4819. There shall be deducted from the pay of every non-commi?sioned 
officer, musician, artificer, and private of the Army of the United States the sum 
of twelve and a half cents per month, which sum so deducted shall, by the Pay 
Department of the Army, be passed to the credit of the commissioners of the 
Soldiers' Home. The commissioners are also authorized to receive all donations 
of money or property made by any person for the benefit of the institution, and 
hold the same for its sole and exclusive use. But the deduction of twelve and a 
half cents per month from the pay of non commissioned ofllcers, musicians, arti- 
160 



161 

ficers, and privates of regiments of volunteers, or otlier corps or regiments raised 
for a limited period, or for a temporary purpose or purposes, shall only be made 
with their consent. 

Sec. 4821. The following persons, members of the Soldiers' Home, according 
to section forty-eight hundred and fourteen, shall be entitled to the rights and 
benefits therein conferred, and no others : 

First. Every soldier of the Army of the United States who tas served, or 
may serve, honestly and faithfully twenty years in the same. 

Second. Every soldier and every discharged soldier, whether regular or vol- 
unteer, who has suffered, or may suffer, by reason of disease or wounds incurred 
in the service and in the line of his duty, rendering him incapable of further 
military service, if such disability was not occasioned by his own misccnduct. 

Third. The invalid and disabled soldiers, whether regulars or volunteers, of 
the war of eighteen hundred and twelve and of all subsequent wars. 

Sec. 4822. The benefits of the Soldiers' Home shall rot be extended to any 
soldier in the regular or volunteer service, convicted of felony or other dis- 
graceful or infamous crimes of a civil nature after his admission into the service 
of the TJniteJ States; nor shall any one who has been a deserter, mutineer, or 
habitual drunkard be received, without such evidence of subsequent service, 
go"d conduct, and reformation of character, as is satisfactory to the commis- 
sioners. 

Sec. 4823. Any soldier admitted into the Soldiers' Home for disability who 
recovers his healtb, so as to become fit again for military service, if under fifty 
years of age, shall be discharged. 

Sec. 4824. All persons admitted into the Soldiers' Home shall be subject to 
the Rules and Articles of War in the same manner as soldiers in the Army. 

The act of Congress, approved March 3, 1883, provides as follows for the 
Soldiers' Home at Washington, D C. 

Sec. 4. That any inmate of the Home, who is receiving a pension from the 
government, and who has a child, wife, or parent living, shall be entitled, by filing 
with the ptnsion agent from whom he receives his money a written direction to 
that effect, to have his pension, or aLy part of it, paid to such child, wife, or 
parent. The pensious of all who now are or shall hereaf er become iLmatts of 
the Home, except such as shall be assigned as aforesaid, shall be paid to the 
treasurer of the Home. The money thus derived shall not become a part of 
thefunds of the Home, but shali be held by the treasurer in tiui-t f-^r the pen- 
sioner to whom it would otherwise have been paid, and such part of it as shall 
not sooner have been paid to him shall be paid to him on his discbarge from 
the institution. The board of commissioners may from time to time p'ay over 
to any inmate such part of his pension money as they think best for his interest 
end consistent with the discipline and good order of the Home, but such pen- 
sioner shall not be entitled to demand or have the same so long as he remains 
an inmate of the Home. In case of the death of any pensioner, any pension 
mon y due him and remaining in the hands of the Treasurer shall be paid to 
his legal heirs, if demand is made withiu three years; otherwise the same shall 
escheat to the Home. 

Ap'proved, March 3, 1883. 
w G w 11 



REGULATIONS. 



Article I. The object of the " Soldiers' Home " is to provide an honorable- 
and comfortable refuge for old and disabled soldiers of the Army who have- 
served h)njstly and faithfu'dy for twenty years, or who have been wounded in 
the service, or have been disabled by disease contracted in the line of rheir duty, 
so as to unfit them for rendering further military service, or for earning a com- 
petence by their own labor; and to extend charitable help to such as are entitled 
to the benefits of the Ho-ne but cannot reside at the Home itself. 

AiiTiCLS n. Applications for admission to the priviL^ges of the Home may 
be made to the Governor in person, or by letter addressed to the secretary of the 
Board of Comtnissioners, giving, if possible, name, dates of enlistment and 
discharge of each term, the number of the regiment and letter of the company, 
wi'h all possible data tj enable him to verify the claim, which v.rification or 
otherwise, will be endorsed on the applic .tion, and submitted to the Board of 
Commissioners for their final action. 

Article IV. The executive government of the institution will be In a gover- 
nor, deputy governor, and treasurer; all to be selected by the President from 
the active or retired list of the Army. 

Article IX Every inmate of the Soldiers' Home is entit-ed by hw to a 
"suitable uniform," at the expense of the ins;itution. This uniform will be the 
same or similar to what he wore while in the Army, viz., a dark blue blouse or 
coatee, With vest of same color; and light blue pants, with a good hat or cap, a 
pair of shoes, and comfortable under clothing. He may wear the stripes, service 
chevrons, or other insignia of his rank while in the military service of his 
country. He is entitled to good meals a good bed, and such recreation as the 
Home can afford; and in consideration of good conduct, the Governor may allot 
him a dollar per month for spending money, and may pay him at the rate of 
twenty-five cents extra per day for such 1 bor a^ he may be able and willing to 
perfom, subject to any rules which may be approved by the Board of Commis- 
sioners. Inmates permitted by the Board to reside outside the limits of the 
Home may receive an allowance not to exceed eight dollars a month. 

FORM OF LETTER SENT TO APPLICANTS. 

In your letter of the 1 hxv: to inform you that the persons entitled to the 

henefiis of the ^'Soldiers' Home are: 

1st. Those who have strved faithful fo- twenty years, or more, as enlisted men in 
the Army. 

2d, 7 hose who have become disqualified for further service by wounds received, or 
disease contracted inthe service, and in the line of military duty as enlisted men in 
the regular Army. 

An applicant may detach the blank form herewith, fill it up carefully as his re- 
quest for the benefits of the Home, and mail it to the address given thereon . If he 
does not desire to become a resident inmate he may request commutation, which luill 
not exceed $8 per month, including the pension lohich ?ie may be receiving, but he 
must furnish reasonable evidence of his inability to maintain himself comfortably 
without aid, and must state his reasons for not ivishing to enter the Home. 

162 



163 



FORM OF APPLICATION. 



Sirs : 



{Post Office,) 

(Bate,)— — 



■ I have the honor to submit the following statement which gives the date of en- 
lisfment, date of discharge, and company and regiment for each term of my ser- 
vice^ audio request admission to the benefits of the Soldiers' Home, 



No. 


Enlisted, (Date.j 


DiSCHAEGED, Date.) 


Rank. 


Co. 


Regiment. 























Very BespectfulJy , 

Your obedient servant. 



To the 

Commissioners of the Soldiers' Eome, 

Room No. 3 War Department^ 
Washington, 2>. 



IN THE SUPREME COURT OF THE UNITED STATES. 

October Term, 1886. 



Ordered, That tlie following section be added to Rule 10: 

9. The plaintiff in error or appellant may, within ninety days after filing the 
record in this court, file with the clerk a statement of the errors on which he 
intends to rely, and of the parts of the record which he thiaks necessary for 
the consideration thereof, and forthwith serve on the 'adverse party a copy of 
such statement. The adverse party, within ninety days thereafter, may desig- 
nate in writing, filed with the clerk, additional parts of the record which he 
thinks material; and, if he shall not do so, he shall be held to have consented 
to a hearing on the parts designated by the plaintiff in error or appellant. If 
paits of the record shall be so designated by one or both of the parties, the 
clerk shall print those parts only; and the court will consider nothing but those 
parts of the record, and the errors so stated. If at the hearing it slip-ll appear 
that any material part of the record has not been printed, the writ of error or 
appeal may be dismissed, or such other order made as the circumstances may 
appear to the court to require. If the defendant in error or appellee shall have 
caused unnecessary parts of the record to be printed, such order as tD costs may 
be made as the court shall think proper. 

The fees of the clerk, under Rule 24, section 7, shall be computed, as at 
present, on the folios in the record as filed, and shall be in full for the per- 
formance of his duties in the execution hereof. 

Promulgated March 28th, 1887. 

164 



RULES 



OF THE 

SUPREME COURT OF THE UNITED STATES. 



CLERK. 

1. The clerk of this court shall reside and keep the office at the seat of the 
Nati:^n.il Government, and he shall n )t practice, either as attorney or counsellor, 
in this court, or in any o;her court, while he shall continue to be clerk of this 
court. 

2. The clerk shall not parmit any original record or paper to be taken from the 
court-room, or from the office, without an order from the court, except as pro- 
vided by Rule 10. 



ATTORNEYS AND COUNSELLORS. 

1. li shall be requsite to the admission of attorneys or counsellors to practice 
in this court, that they shall have been such for three yaars past in the supreme 
court of the States to which they respectively belong, and that their private and 
prolessional character shall appear to ba fair. 

2. They shall respectively take and subscribe the following oath or affirma- 
tion, viz: 

I. , do solemnly swear [or affirm] that I will demean myself, as 

an attoru^-y and counsellor of this court, uprightly, and according to law; and 
I will support the Constitution of the United States. 



PRACTICE. 

This court considers the former practice of the courts of king's bench and of 
chancery in England, as affording outlines for the practice of this court; and 
will, from time to time, make such alterations therein as circumstances may ren- 
der necessary. 

4. 

BILL OF EXCEPTIONS. 

The judges of the circuit and district cjurts shall not allow any bill of ex- 
ceptions which shall contain the charge of the court at large to the jury in trials 
at common law, upon any general exception to the whole of such charge. But 
the party excepting shall be required to state distinctly the several matters of 
law in such charge to which he excepts; and those matters of law, and those 
only, shall b? inserted in the bill of exceptions and allowed by the court. 

5. 

PROCESS. 

1. All process of this court shall be in the name of the President of the United 
States. 

2. When process at common law or in equity shall issue against a State, the 
same shall be served on he governor, or chief executive magistrate, and attor- 
ney-general of such State. 

165 



166 

3. Process of subpoena, issuing out of this court, in any suit in equitj^, sliaJl 
be served on the defendant sixty days before the return-day of the said process; 
and if the defendant, on such service of the subpoena, shall not appear at the 
return day, the complainant shall be at liberty to proceed ex parte. 



MOTIONS. 

1. All motions to 4he court shall be reduced to writing; and shall contain a 
brief statement of the facts and objects of the motion. 

2. One hour on each side shall be allowed to the argument of a motion, and 
no more, without special leave of the court, granted before the argument begins. 

3. No motion to dismiss, except on special assignment by the court, shall be 
heard, imless previous notice has been given to the adverse party, or the counsel 
or attorney of such party. 

4. All motions to dismiss writs of error and appeals, except motions to docket 
and dismiss under Rule 9, must be submitted in the first instance on printed 
briefs and arguments. If the court desires further argument on ti.at subject, it 
will be ordered in connection with the hearing on the merits. The party mov- 
ing to dismiss shall serve notice of the motiorj, with a copy of his brief or ar- 
gument, on the counsel for plaintiff in error or appellant of record in this court, 
at least three weeks before the time fixed for submitting the motion, in sll cases 
except where the counsel to be notified resides west of the Eocky Mountains, in 
which case the r.otice shall be at least thirty days. AflBdavit of the deposit in 
the mail of the notice and brief to the proper address of the counsel to be served, 
duly post-paid, at such time as to reach him by due course of mail, the three 
weeks or tiiirty days before the time fixed by ihe notice, will be regarded as 
prima fade evidence of service on counsel who reside without the Bibtiict of 
Columbia. On proof of such service, the motion will be considered, unless, for 
satisfactory reasons, fuither time be given by the court to either party. 

5. There may be united, with a motion to dismiss a writ of error or an appeal, 
a motion to affirm on the ground that, although the record may show that this 
court has jurisdiction, it is manifest the writ or appeal was taken for delay only, 
or that the ciuestion on which tlie jurisdiction depanus is so frivolous as not to 
need further argument. 

6. The court will not hear arguments on Saturday (unless for special cause \K 
shall order to the contrary, but will devote that day to the other business of 
the court The motio^vday shall be Monday of each week; and motions not 
required by the rules of the court to be put on the docket shall be entitled to 
preference immediately after the reading of opinions, if such motions shall be 
made before the court shall have entered upon the hearing of a case upon the 
docket. 

7. 
LAW LIBRAKY. 

1. During the session of the court, any gentleman of the bar having a case 
on the docket, and wishing to use any book or books in the law library, shall be 
at liberty, upon applicarion to the clerk of the court, to receive an order to take 
the same (not exceeding at any one time three) from the library, he being thereby 
responsible for the due return of the same within a reasonable time, or when 
required by the clerk. It shall be the duty of the clerk to keep, in a book for 
that purpose, a record of all books so delivered, which are to be charged against 
the party receiving the same. And in ca^e the same shall not be eo returned, 
the party receiving the same shall be responsible for and forfeit and pay twice 
the value thereof, and also one dollar per day for each day's detention beyond 
the limited time. 

2. The clerk shall dep >sit in the law library, to be there carefully preserved 
one copy of the printed record in every case submitted to the court"for its con- 
sideration, and of all printed motions, briefs or arguments filed therein. 

3. Tne marshal siiall take charge of the books of the court, together with 
such duplicate law books as Congress may direct to be transferred to the court, 
and arrange them in the conference-room, which he shall have fitted up in a 
proper ma:; ner; and he shall not permit sach books to be taken therefrom by 
any one except the justices of the court. 



167 

8. 

■WRIT OP ERBOR, RETURN AND RECORD. 

1. The clerk of the court to which any writ of error shall be directed shall 
make return of the same, by transmittin-^ a true copy of the record, and of the 
assignment i)f errors, and ^f all proceedings in the case, under his hand and the 
seal of the court. 

2. In all cases brought to this court, by writ of error or appeal, to review any 
judgment or decree, the clerk of the court by which such judgment or decree 
was rendered shall annex to and transmit with the record a copy of the opinion 
or opinions filed in the case. 

3. No case will be heard until a complete record, containing in itself, and not 
by reference, all the papers, exhibits, depositions, and other proceedings which 
are necessary to the hearing in this court, shall be filed. 

4. Whenever it shall be necessary or proper, in the opinion of the presiding 
judge in any circuit court, or district court exercising circuit-court juiisdiction, 
that original papers of any kind should be inspected in this court upon writ of 
error or appeal, such jDresiding juJge may make such rule or order for the safe- 
keeping, transporting, and return of such original papers as to him may seem 
proper; and this court will receive and consider such original papers in connec- 
tion with the transcript of the proceedings. 

5. In ca=es where final judgment is rendered more than thirty days before the 
first day of the next term of this court, the writ of error and citation, if taken 
before, must be returnable on the first day of said term and be served before 
that day; but in cases where the judgment is rendered less than thirty days be- 
fore the first day the writ of error and citation may be made returnable on the 
third Mond-sy of the said term, aud be served before that day. 

6. The record in cases of admiralty and maritime jurisdiction, when under the 
requirements of law the facts have been found in the court below and the power 
of i evlew is limited to the determination of questions of law arising on the rec- 
ord, shall be confined to the pleadings, the findings of fact and conclusions of 
law thereon, the bills of exceptions, the final judgment or decree, and such in- 
terlocutory orders and decrees as may be necessary to a proper review of the 
<)ase. 

9. 

' DOCKETIN:^ CASES. 

1. In all cases where a writ of erro" or an appeal shall be brought to this 
court from any judgment or decree rendered thirty days before the commence- 
ment of the term, it shall be the duty of the plaintiff in error or appellant to 
docket the case and file the record thereof with the clerk of this court within 
the firtt six days of the term; and if the writ of error or appeal shall be brought 
from a judgment or decree rendered less than thirty days before the commence- 
mcLt of the term, it shall be the duty of the plaintiff in error or appellant to 
docket ihe case and file the record thereof with the clerk of this court within 
the first thirty days of the term; and if the plaintiff in error or appellant shall 
fail to comply with this rule, the defendant in error or appellee may have the 
-case docketed and dismissed uprn producing a certificate from the clerk of the 
court wherein the judgment or decree was rendered, stating the case and certi- 
fying that such wr't of error or appeal has been duly sued out and allowed. 
And in no case shall the plaintiff in error or appellant be entitled to docket the 
case and file the record after the same shall have been docketed and dismissed 
under this rule, unle-s by order of the court. 

2. But the defendant in error or appellee may, at his option, docket the case 
and file a copy of the record with the clerk of the court; and if the case is dock- 
eted and a copy of the record filed with the clerk of this court by the plaintiff 
in error or appellant within the periods of time above limited and prescribe 1 by 
this i*ule, or by the defendant in error or appellee at any time thereafter during 
the term, the case shall stand for argument at the term. 

3. Upon the filing of the transcript of a record brought up by writ of error 
or appeal, the appearance of the counsel for the party docketing the case shall 
"be en'.ered. 



- 168 

4 In all cases where the period of thirty days is meationed in this rule, it 
shall b3 extended to ssixty days in writs of error ani appeals from California, 
Oregon, Nevada, Washington, New Mexic 3, Utah, Arizona, Montana, and Idaho. 

10. 

PRINTING RECORnS. 

1. In all cases the plaintiff ia error or app llant on docketing a case and fiiing- 
the record, shall enter into an undertaking to the clerk, with surety to his satis- 
faction, for the payment of his fees, or other .vise satisfy him in that behalf. 

2 The clerk shall cause an es.imate to be made of the cost of printing the 
record, and of his fee for preparing i\ for the printer and supervis'ng th^ print- 
ing, and shall notify to the party docketing the ca=e the amount of the estimate. 
If ne shall not pay it within a reason iblj time, the clerk shall notify the adverse 
party and he m ly pay it. If neither party shjill pay it, and for w-ant of sach 
payment the record shall n .)t h .va been printed w len a case is reache 1 in the 
regular call of ttie docket, after Marcti 1, 1834, the cisj shall hi dismissed. 

3. Upon payment by either party of the amount estimated by the clerk, twenty- 
five copies of the record shall be printed, under his supervision, for the use of 
the court and of counsel. 

4. In cases of appellate jurisdiction the original transcript on file shall be 
taken by the cler^i to the printer. But the clerk shall cause copies to be made 
for the printer of such original papers, sent up unier Rule 8, Section 4, as are 
necessary to be printed; and of the waole record incases of original jurisdiction. 

5. The clerk shall supervise the printing, an ] see that the printed copy is 
properly indexed. He shall distribute the priutel copies to the justices and the 
reporter, from time to time, as required, and a copy to the counsel for the re- 
spective parties. 

6. If the actual cost of printing the record, together with the fee of the clerk 
shall be less than the amount esticnated and p.iid, the amount of the difference 
shall be refunded by the clerk to the party paying it. If the actual cost and 
clerk's fee shall exceed the estimate, the amount of the excess shall be paid tO' 
the clerk before the delivery of a printed copy to either party or his counsel. 

7. In case of reversal, affirmance, or dismissal, with costs, the amount of the 
cost of prin ing the racord and of the clerk's f j • shall b^tixed againsc the 
party against whom costs are given, and siiall be insartel in ths body of the 
mandate or other proper process. 

8. Upon the clerk's producing satisfactory evidence, by affidavit or the ac- 
knowledgment of the parties or theii* sureties, of having served a copy of the 
bill of fees due by them, respectively, in this court, oi such parties or their sure- 
ties, an attachment shall issu3 aga'nst such parties or sure ies, respectively, to 
compel payment of the said fees. 

11. 

TRANSLATIONS. 

Whenever any record transmitted to this cou t upon a writ of error or appeal 
shall contain aiy document, piper, testimony, or other p.oceedingsin aforeign 
language, and the record does not also contain a translation of such document, 
paper, testimony, or other proceeding, made under the authority of tlie inferior 
court, or admitted to be correct, the record shall not be printed; but the case 
shall be reported to this court by the clerk, aad the court will thereupon remand 
it to the inferior court, in order that a translation maybeth'ra supplied and in- 
serted in the record. 

13. 

FURTHER PROOF. 

1. In all cases where further proof is ordered by the court, the depositions 
which may be taken shall be by a commission, to be issued from this court, or 
from any circuit court of the United States. 

2. In all cases of admiralty and maritime jurisdic-ioT), where new evilence 
shall be admissible in this court, the evidence l.y testimony of witne:ses shall 



169 

be taken tinder a commission to be issued from this court, or from any circuit 
court of the United States, under the direction of any judge thereof; and no 
such commission shall issue but upon interrogatories, to be filed by the party 
applying for the commission, and notice to the opposite party or his agent or 
attorney, accompanied with a copy of the interrogatories so filed, to file cross- 
interrogatories within twenty days from the service of such notice: Provided, 
however, That nothing in this rule shall prevent any party from giving oral 
testimony in open court in cases where by law it is admissible. 

13. 

OBJECTIONS TO EVIDENCE IN THE BECOKD. 

In all cases of equity or admiralty jurisdiction, heard in this court, no ob- 
jection shall hereafter be allowed to be taken to the admissibility of any depo- 
sitions, deed, grant, or other exhibit fourd in the record as evidence, unless 
objection was taken thereto in the court below and entered of record; but 
the same shall otherwise be deemed to have been admitted by consent. 

14. 

CERTIOKAKI. 

No certiorari for diminution of the lecord will be hereafter awarded in any 
case, unless a motion therefor shall be made in writing, and the facts on which 
the same is found. d shall, if not admitted by the other party, be verified by 
affidavit. And all motions for such certiorari must be made at the first term of 
the en'ry of the case; otherwise, the same will not be granted, unless upon 
special cause shown to the court, accounting satisfactorily for the delay., 

15. 

DEATH OF A PAKTY. 

1. Whenever, pen ling a writ of error or appeal in this court, either party 
shall die, the proper representatives in the personalty or lealty of the deceased 
party, according to the nature of the case, may voluntarily come in and be 
admitted parties to the suit, and thereupon the case shall be heard and de- 
termined as in other cases; and if such repre-sentitives shall not voluntarily 
become par ie?, then the other party may suggest the death on the recoid and 
thereupon, on motion, obtain an order that unless such representatives shall 
become parties within the first ten days of the en-^uing term, the party moving 
for such order, if defen ^ant in error, shall be eniitled to have the writ of error 
or appeal dismissed; and if the party so m3ving shall be plaintiff in error, he 
shall be entitled to open the record, and on hearing have the judgment or decree 
reversed, if it be erroneous: Pro vide i, however. That a copy of every such 
order shall be printed in some newspaper of general circulation within the 
State, Territory, or District from which the case is brought, for three successive 
weeks, at lei-t sixty days before the beginning of the term of the Supreme Court 
then next ensuing. 

2. "When the death of a party is suggested, and the representatives of the 
deceased do not appe ir by the tenth day of the second term next succeeding 
the suggestion and no measures are taken by the opposite party within that 
time to compel their appearance, the case shall a'^ate. 

3. When either parry to a suit in a circuit court of the United State«i shall 
de-ire to prosecute a writ of error or appeal to the Supreme Court of the United 
States, from any final judgment or decree, rendered in the circuit court, and at 
the time of suing out such writ of error o" appeal the other party to the suit 
shall be dead and have no proper representative within the jurisdiction of the 
cou t which rencK.red such final judgment or decree, so that the siit cannot be 
revived in that court, but shall have a proper representative in some State or 
Territory of the United States, the party desiring such writ of error or appeal 
may proure the same, and may have proceedings en such judgment or decrre 
super-eded or stayed in the same manner as is now allowed by law in other 
cases and shall thereupon proceed with such writ of error or appeal as in other 
cases. And within thirty days after the commr'ncement of the term to which 



170 

such writ of error or appeal is returnable, the plaintiii in error or appellant shall 
make a suggestion to the court, supported by affidavit, that the said party was 
dead when the writ of error or appeal was talken or susd out, and had no proper 
representative within the jurisdiction of the court which rondereJ sa'd jud;^- 
ment or decree, so that the suit could not be revived in tbat court, and tliat said 
party had a p-oper representative in soma State or Territory of the United 
States, and 5- tating therein the name and character of such representative, and 
the State or Territory in which such representative resides; anl, upon sugges- 
tion, he may, on motion, obtain an orJer that, unl33s such represent ttive shall 
make himself a party witain the first ten days of tiie ensuing term of the court, 
the plainliff in error or appellant shall be entitled to open the record, and, on 
hearing, have the judgment or decree reversed, if the same be erroneous: Pro- 
vided, however. That a proper citation recitiag the substance of such order 
shall be served upon such representative, either personally or by being left at 
his residence, at least sixty days before the btginniag of the term of the Supreme 
Court then next ensuing: And provided, also, That in every such case, if the 
representative of the deceased party does not appe.ir by the tenth day of the 
term next succeeding said suggestion, and the measures a^}ove provided to com- 
pel the appearance of such representative have not been taken within the time 
as above required, by the opposite party, the case frhall abate: And provided, 
also, That the said representative m\j at any time before or after said sugges- 
tion come in and be male a party to the suit, and thereupon the case shall 
p-oceed, and be heard and determined as in other cases. 

16. 

NO APPEARANCE OF PLAINTIFF. 

Where no counsel appears and no brief has b3ea filed for the plaintiff in error 
or appellant, when the cassis called for trial, the deferdantmay have the plain- 
tiff called and the writ of error or appeal dismissed, or may open the record and 
pray for an affirmance. 



NO APPEARANCE OF DEFENDANT, 

Where the defendant fails to appear when the ca^e is called for trial, the court 
may proceed to heai" an argument on the part of the plaintiff and to give judg- 
ment according to the right of the case. 

18. 
NO APPEARANCE OF EITHER PARTY. 

When a case is reached in the regular call of the docket, and there is no ap- 
pearance for either party, the case shall be dismissed at the cost of the plaintiff. 

19. 

NEITHER PARTY READY AT SECOND TERM. 

When a case is called for argument at two successive terms, and upon the call 
at the second term neither party is prepared to argue it, it shall be dismissed at 
the cost of the plaintiff, unless suScIent caa:*e is shown for further postpone- 
ment. 

30. 

PRINTED ARGUM NTS. 

1. In allca'^es brought here on writ of error, appeal, or otherwise, the court 
will receive printed arguments without regard to the number of the case on 
the docket, if the counsal on both s'.des shall choose to submit the same within 
the first ninety days of the term; but twenty five copies of the arguments, signed 
by attorneys or counsellors of this court, must be first filed. 

3. When a case is reached in the regular call of the docket, and a printed 
argument shall be filed for one or both parties, the case shall stand on the same 
footing as if there were an appearance by counsel. 

3. When a case is taken up for trial upon the regular call of the docl^et, and 
argued orally in behalf of only one of the parties, no printed argument for the 



171 

opposite party will be received, uuless it is filed before the oral argumeLt begins, 
and the court will proceed to con.ider and decide the case upon the ex parte 
argument. 

4. No brief or arguiient will be received, either through the clerk or other- 
wise, after a case has been argued or submitted, except upon leave granted in 
open court after notice to opposing counsel. 

31. 

BTIIEFS, 

1. The counsel for the p'aiatiff in error or app3lUnt shall file with the cbrk 
of the court, at least six days before the case is called for argument, twenty five 
copies of a printed brief, one of which shall, on application, be furnished to 

reach of the counsel engaged u on the opposite side. 

2. This brief shall contain, in the order here stated— 

(1.) A cncise abstract, or statement of tiie case, presenting succinctly the 
que.-tions involved and the minn^r in which they are raised. 

(2.) A .'■pecificatlon of the errors relied upon, which, in cases brought up by 
writ of error, shall s t oat separately and partipnlarly each error as^ertei and 
intended t) be arged; and in cases brought up by appeal the specification shall 
state, aspaticalarly as may be, in what the decree is alleged to be erroneous. 
When the error alleged is to the admission or to the rejection of evidence, the 
specifica ion shall quote the full substance of the evidence admitted or i ejected. 
When the error alleged is to the charge of the court, the sp cification shall set 
out the part referred to totldem i"c3/-M5, whether it be instructions given or in- 
structions refa'.ed. Wnen the error alleged is to a ruling upon the report of a 
musier, the sp cificatim shall state the exception to the report and the action of 
the C3ur upon it. ^ 

(3.) A brief of the argument, exhibiting a clear statement of the points of 

law or fact to be. discussed, with a reference to the pages of the record and the 

authorities relied up^n in support of each p'-int. When a statute of a State 

4s cited, so much thereof ai may be deemed necessary to the decision of the 

case shall be printed at length. 

3. The counsel lor defenlant.in error or an appellee shall file with the clerk 
twenty -five printed copies of his argument, at lea t three days before the case is 
call-d forbearing His brief shall be of a like character with that required of 
the plain' iff in error or appellant, e\'cept that no specification of errors shall be 
required, and no statement of the case, unless that presented by the plaintiff in 
erro or appellant is controve'ted. 

4. When there is no as 'ignmint of errors as required by section 997 of the 
Eevised Statutes, counsel will not be heard, except at requ st of the court; and 
errors not specified according t^^ this rul.; will be disregarded; but the court, at 
its option, may notice a pLiin error not assigned or specified. 

5. When, according to this rule, a pliintill in error or an appellant is in de- 
fault, the case may be dismissed on motion; and when a defendant in error or 
an appellee is in default, he will not be heard, except on consent of his adver- 
sary, and by request of the court. 

6. WhcQ no counsel appears for one of the parties, and no printed brief or 
argument is filed, oaly one counsel will be heard for the adverse party; but if a 
printed brief or argument is filed, the adverse party will be entitled to be heard 
by two counsel. 

38. 

ORAL ARGUMENTS. 

1. The plaintiff or appellant in this court shall be entitled to open and con- 
clude tbe argument of the case. But when there are cross-appeals they shall be 
argued together as one case, and the plaintiff in the court below shall be entitled 
to • pen and conclude the argument. 

2. Only two counsel will be heard for each party on the argument of a case. 

3. Two hours on each side will be allowed for the argument, and no more, 
without special leave <. f the court, granted btfcre the argument begins. The 
time thu 3 allowed may be apportioned betwezn the counsel on the same side, at 
their discretion: Provided, always. That a fair opening of the case shall be 
made by the party having the opening and closing arguments. 



172 

23. 

INTEKEST. 

1. In cases wh:re a writ of error is prosecuted to this court, and the judgment 
of the inferior court is affirmed, the interest shall be calculated and levied, from 
the date of the judgment below until the same is paid, at the ra'e that similar 
judgments bear interest in the courts of the Ftate where such judgment is ren- 
dered. 

2. In all cases where a writ of error shall delay the proceedings on the ju ig- 
raent of the inferior court, and shall appear to have been sued out merely for 
dtlay, damages at a rate not exceeding t n per cent., in addition to interest, 
s*^ all be awarded upon the amount of the jud ment. 

3. The same rule shall be applied to decrees for the payment of money ! _< 
cases of equity, unless otherwise ord- red by this court. 

4. In cases in admiralty, interest ihal! not be allowed, unless specially directed 
by the court. 

COSTS. 

1. In all cases v^^here any suit shall be dismissed in this court, except where 
the di3missal shall be for want of jurisdiction, osts shaU be allowed to the de- 
defendant in error or appell?e, unless otherwise agreei by the parties. 

2. In all cases of affirmance of any judgment or decree in this cou''t, costs 
shall be allowed to the defendant in error or appellee, unless otherwise ordered 
by the cjurt. 

3. In cases of reversal of any judgment or decree in this court, costs shall be 
allowed to the plaintiff in error or appellant, unless otherwise ordered by tUe 
court. The cost of the tran-^^cript of the record from the court b low shall be a 
part of such co^ts, and be taxable in that court as costs in the case. 

4. Neither of t'le foregoing sections shall cipply to cases where the Unit'^-y, 
States are a party; bat in such cases no costs shall be allovved in this court for 
or against the United States. 

5. In all cases of the dismissal of ^ny ^uit in this court, it sh 11 be the clu<y 
of the clerk to issue a man 'at , or other proper process, in the nature of a;- <?- 
cedendo, to th? court belOvv, for the purpose of iulorming such court of the] ro- 
ceedings in this court so that further proceedings may be had in such court as 
to law and justice may appertain. 

6. When costs are allowed in this court, it shall be the duty of the clerk to 
insert the amount th reof in the body of the mandate, or other proper pro 
ces^, sent to the court b.-low, and annex to the same the bill of items taxed in 
detail. 

7. In pursuance of the act of March 3, 1883, authorizing and empowering this 
cour to prepare a table of fees to be charged by the ckrk of this court, the fol 
lowing tab'e is adopted: 

For docketing a case and filing and indorsing the transcript of the record 
five dollars. 

For entering an appearance, twenty-five cents. 

For entering a continuance, twenty-five cents. 

For filing a motion, order, or other paper, twenty-five cents. 

For entering any rule, or for making or copying any record or other paper, 
twenty cents per folio of each one hundred words. 

For transferring each ca^e to a subsequent docket and indexing the same, o^ 
dollar. 

For entering a judgment or decree, one dollar. 

For every search of the records of the court, one dollar. 

For a ceitificate and seal, two dollars. 

For receiving, keeping, and paying money in pursuance of any statute or 
order of court, two per cent, on the amount so received, kept, and paid. 

For an admission to the bar and certificate under seal, ten dollars. 

For preparing the record or a transcript thereof for the printer, indexing the 
same, supervising the printing and distributing the printed copies to the jus- 
tices, the reporter, the law library, and the parties or their counsel, fifteen 
cents per folio. 



173 

For makin? a manuscript copy of the record, when required under Rule 
10 twenty cents per folio, but nothing in addition for supervising the printing. 

For issuing a writ of error and accomoanymg papers, five dollars. 

For a mandate or other process, five dollars. 

For filing briefs, five dollars for each party appearing ^.^ ^ 

For every copv of any opinion of the court or any ] ustice thereof certified 
under seal, one dollar for every printed page, but not to exceed five dollars m 
the whole for any copy. ^^ 

OPINIONS OF THE COURT. 

1 All opinions delivered by the court, shall, immediately upon the delivery 
thereof be handed to the clerk to be recorded. And it shall be the duty of 
the clerk to cause the same to be forthwith recorded, and to deliver a copy 
to the reporter as soon as the same shall be recorded. 

2 The original opinions of the court shall be filed with the clerk of this 

^""s' Om^n^S^'^priS under the supervision of the justices delivering the 
same reed not be copied by the clerk into a book of records; but at the end 
of each term the clerk shall cause such printed opimons to l^e bound ma sub- 
stantial manner into one or more volumes, and when f o bound they shaU be 
deemed to have been recorded within the meaning of this rule. 

36. 

CALL AND ORDER OF THE DOCKET. 

1 The court, on the second day in each term, will commence calling the cases 
for" ar^^ument in t*ie order in which they stand on the docket, and proceed 
from day to day during the term in the same order (except as hereinatttr 
Drovided-) and if the parties or either of them, shall be ready when the case 
4s called,' the same will b. heard; and if neither par^,y shall be ready to pro- 
ceed in the argummt, the case shall go down to the foot of the docket, un- 
less some good and satisfact <ry reason to the contrary shall be shown to the 

2. Ten cases only shall be considered asliab'etobe callei on each day during 
the term, including the one under argument 
3 Criminal cases may be advanced by leave of the court on motion of either 

^T^Cases once adjudicated by this court upon the merits, and again brought 
up i>y writ of error or appeal, may be advanc.d by leave of the court on motion 

^ 5^^ Revenue an ^1 other cases in which the United States are concerned, which 
also involve or affect some matter of general public interest, may also by leave 
of the court be advanced on m tion of the Attorney-General. ^ 

6 All motions to advance oas s must b • p:1nted, and must contain a briet 
statement of the matter involved, with the reasons for the application. 

7 No other c se wi 1 be taken up out of the order on the docket, or be set 
dow 1 for any particular day, except under special and peculiar circumstances 
to be shown to the court. Ever v^ case which shall have been caUed m its order 
and passed and put at the foot of the docket s'lal', if not again reached durmg 
the ter u it was cal'ed, be continued to the next term of the court. 

8 Two or more cases involving the same question, miy, b^ the leave of the 
T^ourt, be heard together, but thoy must be argued as one case. 

9 If after a case has been passed under circumstances which do not place it 
at the foot of the docket, the parties shall desire to have it heard, they may file 
with the clerk their joint request to that effect, an.l the case shall then be by him 
reinstated Vor call ten cases after that under argument, or next to be called at 
the end of the day the request is filed. If the parties will not unite in such a 
request, either may move to take up the case, and it shall then be assigned to 
such place up m the docket as the court may direct. 

10. No stipulation to pass a case without placing it at the foot of the docket 
will be recognized as binding upon the court. A case can only be so pa sed 
upon application made and leave granted in open court. 



174 



37. 

ADJOURNMEKT. 

The court will, at ever/ term, announce on what day it will adjourn, at least 
ten days before the time which shall be fixed upon, aad the court will take up 
no case for argument, nor receive any case upon printed briefs, within three 
days next before the day fixed upDn for adjoarninent. 

28. 

DISMISSING CASES IN VACATION. 

Whenever the plaintiff and defendant in a writ of error peniing in this court,, 
or the appellant and appellee in an appeal, shall in vacation, by their attorneys 
of record, sign and file with the clerk an agreement in writing directing the case 
to be dismissed, and specifying the terms on which it is to be dismissed as to 
costs, and shall pa/ to the clerk any fees that may be due to him, it shall be the 
duty of the clerk to enter the case dismissed, and to give to either party request- 
ing it a copy of the agreement filed; but no mandate or other process shall issue 
without an order of the court. 

29. 

SUPERSEDEAS. 

Supersedeas bonds in the circuit courts must be taken, with good and sufficient 
secutity, that the plaintiff in error or appellant shall prosecute his writ or appeal 
to effect, and answer all damages an. 1 cost i if he fail to rhake bis plea good. 
Such indemnity, where the judgment or decree is for the recovery of money not 
otherwise seeurtd, must be for the whole amount of the judgment or decree, 
including just damages for delay, and costs and interest on the appeal; but in 
all suits where ihe propeity in controversy necessarily folio nvs the event of the 
suit, as in real actions, replevin, an;l in suits on mortgages, or where the prop- 
erty is in the custody of the marshal uader admiralty prjcess, as in cas3 of cap 
ture or seizure, or where the proceeds thereof, or a bond for thi value thereof, 
is in the custody or control of the court, indemnity in all such cases is only re 
quired in an amount sufficient to secure the sum recovered for the use and de 
tention of the property, and the costs of the suit, and just damages for delay^ 
and costs and interest on the appeal. 

30. 

REHEARING. 

A petition for rehearing after judgment can be presented only at the term at 
which judgment is entered, uakss by special leave granted during the term; 
and be supported by ceriifivataof counsel; and will nof be granted; or p3rmitted 
to be argued, unless a justice who concurred in the judgment desires it, and a 
majority of the court hO deiermines. 

FORM OF PRINTED RECORDS AND BRIEFS. 

All records, arguments, and briefs printed for the use of t'lie court must be 
in such form and size that they can be conveniently bound together, so as to 
make an ordinary octavo vulume. 

WRITS OF ERROR AND APPEALS UNDER SECTION 5 OF THE ACT OF MARCH 

3, 1875. 

1. Writs of error and citations under section 5 of the Act of March 3, 1875, 
" to determine the juris 'iction of the circuit c urts of the Unit d States, and to 
regulate the removal of causes from the State courts, and for other purposes," 



175 

for the review of orders of the circult^CDurts dismissing suits, or remanding suit 
to a State court, must b3 made returnable within thirty days af er date, and be 
served before the return-day. 

2. In all cases where a writ of error or appaal is brought to this court iinder 
the provisions of that act, it sh .11 be the duty of the plaintiff in error or the ap- 
pellant to docket the case and file the record in this CDurt within thirty six days 
after the date of the wjit of erl'or or the t.iking of the appsa', if there shall be a 
term of the court pending at that time, a id if not, then during the first six days 
of th,' next t.rn. If default be made in this particular, pvocjedings" to docket 
and dismiss may be had a? in other cases. 

3* A 1 5U3h cases will be advanced on motion. The motion may be made ez 
parte. If granted, the party on whose motion the case shall have been advanced 
may have the case submitted on printed briefs, on serving, with a copy of his^ 
brief, on the adverse party, a notice of intention to submit, such as is required 
by T^ule 6 to be given upon motions to dismiss writs of error and appeals. 

4. As soon as such a case is docketed and advanced, the record shall be printed, 
unless the parties stipulate to the contrary and file their stipulation with the 
clerk . 

5. In all cases where a period of thirty days fsincluied in the times fixed by 
this rule, it shall be extended to sixty day« in writs of error and appeals from 
Daliforriia, Oregon, or IlTevada. 

33. 

MODELS, »IAGKAMS, AND EXHIBITS OF MATERIAL. 

1. Models, diagrams, and exhibits of material forming part of the evidence 
faksn in the r ourt below, in any case pending in this court, on writ of error or 
appeal, shall be placed in the custody of the marshal of this court at least one 
month before the casa is heard or submitted. 

2. All models, diagrams, or exhibits of material, placed in the custody of the 
.- marshal ^'or the inspection of the court on the hearing of a case, must be taken 

away by the parties within one month after the case is decided. When this is 
not done, it shall be the duty of the marshal to notify the counsel in the case, by 
mail or othei'wise, of the requirements of this rule; and if the articles are not 
removed within a reasonable time af er the notice is given, he shall destroy 
them, or make such other disposition of them as to him may seem best. 



IN THE SUPREME COURT OF THE UNITED STATES. 

October Term, 1885. 

Ordered, That the following regulation be established under section 765 Re- 
vised Etatutea: 

Rule 34. 

custody of prisoners on habeas cobpus. 

1. Pending an appeal from the final decision of any court or judge declining 
to grant the writ of habeas corpus^ the custody of the prisoner shall not be dis- 
turbed. 

3. Pending an appeal from the final decision of any court or judge discharging 
the writ after it has been issued, the prisoner shall be remanded to the custody 
from which he was taken by the writ, or shall, for good cause shown, be detained 
in custody of the court or judge, or be enlarged upon recognizatce as hereinatter 
provided. 

3. Pending an appeal from the final decision of any court or judge discharg 
ing the prisoner, he shall be enlarged upon recognizance, with surety, for 
appearance to answer the judgment of the appellate court, except where, for 
special reasons, sureties ought not to be required. 

(Promulgated March 29, 1886; amended May 10, 1886.) 
176 ' . 



THE COURT OF CLAIMS. 



The first article of the amendments of the constitution of the 
United States guarantees to the people the right of petition; 
but this guarantee was of little value so long as their petitions 
were not acted upon. Private claims against the United States 
could only be prosecuted by such petition, and but few 'of them 
were ever acted upon. The principal reasons for the failure of 
Congress to act upon them were the large number of clairaSj the 
ex parte character of the proceedings and the want of the time 
and the means to secure a full investigation. 

Several measures were proposed to remedy the evil. In 1854, 
a bill was introduced establishing a commission for ^le examina- 
tion and adjustment of private claims. The bill was amended, 
providing for the appointment of judges with life tenure, instead 
of commissioners. The bill became a law on the 25th of Feb- 
ruary, 1855. The act required the appointment of three judges, 
and these were appointed by President Pierce 

On the 3d of March, 1863, an amendatory act was passed 

* creating two additional judges, making the number five, and 

allowing an appeal to the Supreme Court by either party, when 

the amount should exceed three thousand dollars, and by the 

defendants in other cases. 

The Supreme Court hold that the Court of Claims is a court 
authorized by the constitution, and that its judgment, when no 
appeal is taken, is absolutely conclusive. The Supreme Court 
further hold that the Court of Claims may proceed to judgment 
without trial by jury, and that neither the letter or the spirit 
of the seventh amendment to the constitution are violated 
thereby, because the "suits" be'fore the Court of Claims are not 



THE JURISDICTION, POWERS, AND PROCEDURE OF THE COURT OF CLAIMS. 

These are defined in the following sections of the Eevised 
Sta^tutes of the United States, viz: 

Sec. 1059. The Court of Claims shall have jurisdiction to hear and determine 
the following matters: 

First. All claims founded upon any law of Congress, or upon any regulation 
of an Executive Department, or upon any contract, expressed or implied, with 
the Government of the United States, and all claims which may be referred to 
it by either House of Congress. 

Second. All set-offs, coucter claims, claims for damages, whether liquidated 
or unliquidated, or other demands whatsoever, on the part of the Government 
of the United States against any person making claim against the Government 
in said court. 

Third. The claim of any paymaster, quartermaster, commissary of subsistence, 
w G w 12 177 



178 

or other disbursing officer of the United States, or of his administrators or exe- 
cutors, for relief from responsibility on account of capture or otherwise, while- 
in the line of his duty, of Government funds, vouchers, records, or papers in 
his charge, and for which such officer was and is held responsible. 

Fourth. Of all claims for the proceeds of captured or aban(^oned property, as- 
provided by the act of March 12, eighteen hundred and sixty-three, chapter one 
hundred and twen'y, entitled "An act to provide for the collection of abandoned 
property and for the prevention of frauds in insurrectionary districts within the,. 
United States," or by the act of July two, eighteen hundred and sixty -four, 
chapter two hundred and twenty- five, being an act in addition thereto: 

Provided, That the remedy given in ca^es of seizure under the said acts, by 
preferring claim in the Court of Claims, sb all be exclusive,precluding the owner 
of any rroperty taken by agents of the Treasury Department as abandoned or 
captured property, in virtue or under color of said acts from suit at commcn 
law, or any other mode of redress whatever, before any court other than the 
said Court of Claims: 

{^Piouded^ also, That the jurisdiction of the Court of Claims shall not estend 
to any claim against the United States growing out of the destruction or appro- 
priation of, or damage to, property by the Army or Navy engaged in the sup- 
pression of the rebellion.] 

Sec. 1060. All petitions and bills praying or providing for the satisfaction of 
private claims against the Government, founded upon any law of Congress, or 
upon any regiiRltion of an Executive Department, or upon any contract, ex 
pressed or implied, with the Government of the United States, shall, unless other- 
wise ordered by resolutions of the Uouse in which they ar^^ introduced, be trans- 
mitted by the Secretary of the Senate or the Clerk of the House of 'Representa- 
tive?, with all the accompanying documents, to the Court of Claims. 

Sec. 1061. Upon the trial of any cause in which any set off, counter-claim, 
claim for damages, or other demand is set up on the part of the Government 
against any person making claim against the Government in said court, the court 
shall hear and determine such claim or demand both for anl against the Govern- 
ment and claimant; and if upon the whole case it finds ihat the claimant is in- 
debted to the Government, it shall render judgment to th[*t effect, and such 
judgment shall le final, with the right of appeal, as in other cas.s provided for 
by law. 

Any transcript of such judgment, filed in the clerk's office of any district or 
circuit court, shall be entered upon the records thereof, and shall thereby be- 
come and be a judgment of such court and .be enforced as other judgment? in 
such courts are enforced. 

Sec. 1062. Whenever the Court of Claims ascertains the facts of any loss by 
any paymaster, quartermaster, commissary of subsistence, or other disl ur ing 
officer, in the cases hereinbefore provided, to have been without fault or negli- 
ence on the part of such officer, it shall make a decree setticg forth the amount 
thereof, and upon such decree the proper accounting officers of the Treasury 
shall allow to such officer the amount so decreed, as a credit in the settlement of 
his accounts. 

Sec. 1063. Whenever any cluim is made against any Executive Department, 
involving disputed facts or controverted questions of law, where the amount in 
controverfiy exceeds three thousand dollars, or where the decision will effe .t a 
class of cases, or furnish a precedent for the future action of any Executive De- 
partment in the adjustment of a class of cases, without regard to the amount in- 
volved in the particular case, or where any authority, right, privilege, or ex- 
emption is claimed or denied under the Constitution of the United States, the 
head of such Department may cause such claim, with all the vouchers, papers, 
proofs, and documents pertaining thereto, to be transmitted to the Court of 
Claims, and the same shall be there proceeded in as if originally comme-^ced by 
the voluntary action of the claimant; and the Secretary of the Treasury may, 
upon the certificate of any Auditor or Comptroller of the Treasury, direct any 
account, matter, or claim, of the character, amount, or class described in this 
section, to be transmitted, with all the vouchers, papers, documents, and proofs 
pertaining thereto, to the said court, for trial and adjudication. 

Provided, That no case shall be referred by any head of a Department un'ess 
it belongs to one of the several classes of cases wLich, by reason of the subject- 
matter and character, the said court might under existing laws, take jurisdic- 
tion of on such voluntary action of the claimant. 



179 

Sec. 1064. All cases transmitted by the head of any Dspirtment, or upon the 
certificate of any Auditor or Comptroller, according to the provisions of the pre- 
ceding section, shall be proceeded in as other cases pending in the Court of 
Claims, and shall, in all respects, be subject to the same rales and regulations. 

Sec. 1065. The amount of any final judgment or decree rendered in favor o^ 
the claimant, in any case transmitted to ihe Court of Claims under the two pre" 
ceding sections, shall be paid out of any specific appropriation applicable to the 
case, if any such th;. re be; and -where no such appropriation exists, the judg- 
ment or decree shall be paid in the same manner as other judgments of the said 
court. 

Sec, 1066. The jurisdiction of said court shall not extend to any claim against 
the Government not pending therein on December one, eighteen hundred and 
sixty two, growing out of or dependent on apy treaty stipulation entered into with 
foreign nations or with the Indian tribes. 

Sec. 1067. Xo person shall file or prosecute in the Court of Claims, or in the 
Supreme Court on appeal thei'efrom, any claim for or in respect to which he or 
any assignee of his has p3nding in any other court any suit or process against 
any person who at the time when the cause of action alleged in such suit or pro- 
cess arose, was, in respect thereto, acting or professing to act, mediately or im- 
mediately, under the authority of the United States. 

Sec. 1068. Aliens, who are c tizens or subjects of any government which ac- 
cords to citizens of the United States the right to prosecute claims against such 
Government in its courts, sball have the privilege of prosecuting claims against 
the United States in the Court of Claim<=, whereof such court, by reason of 
their subject-matter and character, might take jurisdiction. 

Sec. 1069. Every claim against the United States cognizable by the Court of 
Claims, shaU be forever barred unless the petition setting forth a statement 
thereof is filed in the court, or transmitted to it by the Secretary of the Senate 
or the Clerk of the House of Representatives as provided by law, within six 
years after the claim first accrues: 

Provided, That the claims of married women first accrued during marriage, 
of persons under the age of twenty-one years first accrued during minoiity, and 
of idiots, luaatics, insane persons, and persons beyond the seas at the time the 
claim accrued, entitled to the claim, shall not be barred if the petition be filed 
in the court or transmitted, as aforesaid, within three years after the disability 
has ceased; but no other disability than those enumerated shall present any 
claim from being barred, nor shall any of the said disabilities operate cumula- 
tively. " 

Sec. 1070. The said court shall have power to establish rules for its govern- 
ment and for the regulation of practice therein, and it may punish for contempt 
in the manner prescribed by the common law, may appoint commissioners, and 
may exercise such powers as are necessary to carry into effect the powers gran ed 
to it by law. 

Sec. 1071. The judges and clerks of said CDurtmay administer oaths and affir- 
mations, take acknowledgments of instruments in writing, and give certificates 
of the same. 

Sec. 1072. The claimant shall, in all cases, fully set forth in his petition the 
claim; 

The action thereon in Congress, or by any of the Departments, if such action 
has baen had; 

What persons are owners thereof or interested therein; 

When and upon what consideration such persons b.came so interested ; 

That no assignment or transfer of said claim, or any part thereof or interest 
therein, has been made, except as stated in the petition; 

That said claimant is justly entitled to the amount therein claimed from the 
United States, after allowing all just credits and off-sets; 

That the claimant, and, where the claim has been assigned, the original and 
every prior owner thereof, if a citizen, has at all times borne true allegiance to 
the Government of the United States, and, whether a citizen, or not, has not in 
any way voluntarily aided, abetted, or given encouragement to rebellion against 
the said Government, and that he believes the facts as stated in the said petition 
to be true. 

And the said petition shall be verified by the affidavit of the claimant, his 
agent, or attorney. 



180 

Sec. 1073. The said allegations as to true allegiance and voluntary aiding, 
abetting, or giving ercouragement to re! ellion against the Government may be 
traversed by the Government, and if on the trial such issues shall be decided 
against tli? cl rimant, his petidou shall be dismissed. 

^EC. 10T4. Whenever it is material in any claim to ascertain whether any per- 
so'i did or did not i,iTe any aid or comfort to the late rebellion, the claimant as- 
serting the loya'ty of any such person to the United States during such rebellion 
shad be rtCiuired lo prove aflirmat veiy that such person did, during said rebel- 
lion, consisteniiy cjdhere to the United States, and did give no aid or comfort to 
persois engaged in said rebellion; and the \oluntary residence of any such per- 
son in any place v^h'-re, at any time during such residence, the rebel force or 
organization held sway, shall be prima-facie evidence that such person did give 
aid and comfort to said reb.-lli<.n and to the persons engaged therein. 

Sec. 1075. Tie Court of '■ laims shall have power to appoint commissioners to 
take testimony to be used in the investigation of claims which come before it; 
to prescribe the fees which they shall receive for tlieir services, and to issue com- 
missions for the taking of sucii testimony, whether taken at the instance of the 
claimant or of the United States^ 

£ec. 1076. The said court shal] have power to call upon any of the Depart- 
mcLts for any information or pap-^rs it may deem ntcessary, and sliallhave the 
use of all recorded and printed reports made by the committees of each House 
of Congress, when deemed necessary in the prosecution of its business. But the 
head of any Depaitment may refuse ai:d omit to comply with any call for infor- 
mation or papers when, in his opinion, such compliance would be injurious to 
the public interest. 

Sec. 1077. Whm it appears to the court in any case that the facts set forth 
in the petition of the claimant do not furnish any ground for relief, it shall 
not be the duty of the court to authorize the taking of any te-timony therein. 

Sec 1078. No wi.ness shall be excluded in any suit in the Court of Claims 
on account of color. 

Sec. 107*^. No claimant, nor any p rson from or through whom any such 
claimant derives his alleged title, ci«im, or right against the United States, 
nor any person interested in any such title, claim, or right, shall be a competent 
witness in the Court of Claims in supporting the same, and no testimony 
given by such claimant or person shall be used except as provided in the 
next section. 

;:EC. 1080. The court may, at the instance of the attorney or solicitor ap- 
pearing in behalf of the United States, make an order in any case pending 
therein, directing any claimant iu such case to appear, upon reasonable no- 
tice, before aoy commissioner of the court, and be examined on cath touch- 
ing any or all matters pertaining to said claim. Such examination shall be 
reduced to writing by the said commissioner, and be returned to and filed in 
th2 c )uit, and may, at the discretion of the attorney or solicitor of the United 
States appearing in the case, be read and used as evidence on the trial thereof. 
And if any claimant, after such order is /nade, and due and reasonable ? otice 
thereof is given to him, fails to appear, or refuses to testify or answer fully as 
to all matters within his knowledge material to the issue, the court may, in its 
discretion, order that the said cause shall not be brought forward for trial until 
he shall have fully complied with the order of the c^urt in the premises. 

Sec 1081. The" testimony in cases pending before the Court of ClaiEjs shall 
be taken in the county wheie the witness resides, when the same can be con- 
veniently done 

Sec 1082. The Court of Claims may issue subpoenas to require the attendance 
of witnesses in order to be examined before any person commissioned to take 
testimony therein, and such subpoenas shall have the same force as if issued 
from a disudct court, and compliance therewith shall be compelled under such 
rules and orders as the court stiall establish. 

Sec. 1083. In taking testimony to be used in support of any claim, opportunity 
shall be given to the United States to file interrogatories, or by a'torneys to ex- 
am'ne witnesses, under such regulation as^ said court shall prescribe; and like 
opportunity shall be afforded the claimant, in cases where testimony is taken on 
behaii of the United .States, under like regulations. 

^ec 10::<4. The commissioner taking testimony to be used in the Court of 
Claims shall admi. ister an oath or affirmation to the witnesses brought before 
liim fcr examination. 



181 

Sec. 1085. Wlien testimony is taken for the claimant, the fees of the com- 
missioner before whom it is taken, and the cost of the commission arc! notice,. 
shall be paid by such claimant; and when it is taken at the instance of the 
Government, such fees, together with ail postage incurred by the Assi-tant 
Attorney-General, shall be paid out of the contingent fund provided for the 
Court of Claims, or other appropriation made by Congress for that purpose. 

Sec. 1086. Any person ^ho corruptly practices or attempts to practice any 
fraud against the United States in the proof, statement, esta^Kshment, or allov/- 
ance of any claim, or of any part of any claim against the United States, shall 
ipso facto forfeit the same to the Government; and it shall be the duty of the 
Court of Claims, in such cases, to find speciflcallj^ that such fraud was practiced 
or attempted to be practiced, and thereupon to give judgment that such claim 
is forfeited to the Government, and that the claimant be forever barred from 
pro'^ecuting the same. 

Sec. 1087. When judgment is rendered against any claimant, tie court may 
grant a new trial for any reason which, by the rules cf common law or cbancery 
in suits between individuals, would furnish sufficient ground for granting a new 
trial. 

Sec. 1088. The Court of Claims, at any time while any claim is pending 
before it, or on appeal from it, or within two years next after the final disposi- 
tion of such claim, may, on motion on behalf of the United States, grant a new 
trial and stay the payment of any judgment therein, upon such evidence, cumu- 
lative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice 
in the premises has been done to the United States; but until an order is made 
staying the payment of a judgment, the same shall be payable and paid as now 
provided by law. 

Sec. 1089. In all cases of final judgments by the Court of Claims or, on ap- 
peal, by the Supreme Court, where the same are affirmed in favor of the claimant, 
the sum due thereby shall be paid out of any general appropriation made by 
law for the payment and satisfaction of private claims, on presentation to the 
Secretary of the Treasury of a copy of said judgment, certified by the clerk of 
the Court of Claims, and signed by the chief justice, or, in his absence, by the 
presiding judge of said court. 

Sec. 1090. In cases where the judgment appealed from is in favor of the 
claimant, and the same is affirmed by the Supreme Court, interest thereon at 
the rate of five per centum shall be allowed from the date of its presentation to 
the Secretary of the Treasury for payment as aforesaid, but no interest shall be 
alloved subsequent to the affirmance, unless presented for payment to the Secre- 
tary of the Treasury as aforesaid. 

Sec. 1091. jSTo interest shall be allowed on any claim up to the time of the 
rendition of judgment thereon by the Court of Claims, unless upon a contract 
expressly stipulating for payment of interest. 

Sec. 1092. The payment of the amount due by any judgment of the Court of 
Claiais and of any interest therein, allowed by law, as hereinbefore provided, 
shall be a full discharge to the United States of all claim and demand touching 
any of the matters involved in the controversy. 

Sec. 1093. Any final judgment against the claimant on any claim prosecuted 
as provided in this chapter^hall forever bar any further claim or demand against 
the United States arising out of the matters involved in the controversy. 

miscellaneous pkoyisions. 

Sec. 188. In all suits brought against the United States in the Court of Claims 
foun ?ed up>n any contract, agreement, or transaction with any Department, or 
where the matter or thing on whici the claim is based has been passed upon 
and decid'^'d by any Department, Bureau, or officer authorized to adjust it, the 
Att rney-General sha''l transmit to such Department, Bureau, or officer, a printed 
copy of the petition filed by the claimant, with a request that the Department, 
Bureau, or officer shall furnish to the Attorney-General all facts, circumstances, 
and evidence touching the claim in the possession or knowledge of the Depart- 
ment, Bureau, or officer. 

Such Department, Bureau, or officer shall, without delay, and within a rea- 
sonable time, furnish the ;Vttorney- General with a full statement, in writing, of 
all such facts, information, and proofs. 



182 

The statement shall contain a reference to or des:ription of all such offlLial 
documents or papers, if any, as may furnish proof of facts referred to in it, or 
may be necessary and proper for the defense of the United States againsr, the 
claim, mentioning the Department, office, or place where rhe same is kept or may 
be procured. If the claim has been passed upon and decided by the Depart- 
ment, Bureau, or officer, the statement shall succinctly state the reasons and 
principles upon which such decision was based. In all cases where such deci- 
sion was founded upon any act of Congress, or upon any section or clause of 
such act:, the same shall be cited specifically; anl it' any previous interpretation 
or construction has been given to such act, section, or clause, by the Department, 
Bureau, or officer, the same shall be set f .rth succinctly in the statement, anl 
a copy of the opinion filed, if any, shall be annexed to it. Where any decls on in 
the case has be :n bas-^d upon any regulation of a Department, or where such 
regulation has, in the opinion of the Department, Bureau, or officer transmitting 
such statement, any bearing upon the claim in suit, the same shall be dis inctly 
quoted at length in the statement. 

Bat where more t'lanone case, or a class of cases is pending, t'je defense to 
which rests upon the same facts, circumstances and proofs, the Department, 
Bureau, or officer shall only be required to certify and transmit one statement 
of the sam-^, and such statement shall be held to apply to all such cas-s, as if 
made out, certified, and transmitttd in each case respectively. 

Sec. 707. An appeal to the Supreme Court shall be allowed, on behalf of the 
United States, from all judgments of the Court of Claims adverse to the United 
States, and on behalf of the plaintiff in any case where the amount in contro- 
vervsy exceeds three thousand dollars, or where his claim is forfeited to the 
United States by the judgment of said court, as pro ided in section one thou- 
sand and eighty-six. 

Sec. 708. All appeals from the Court of Claims shall be taken with'n ninety 
days after the ju:lgment is rendered, and shall be allowed under such regula- 
tions as the Supreme Court may direct. 

Sec, 3477. Ail transfers and assignments ma'e of any claim upon the United 
States, or of any part or share thereof, or interest there'n, whether absolute 
or conditional, and whatever may be the consideration therefor, and all ['Owers 
of attorney, orders, or other authorities for receiving payment of any such 
claim, or of any part or share thereof, shall be abrolutely null and void, un'ess 
they are freely made and executed in the presence of at lea-t two attesting wit- 
nesses, after the al'owance of such a claim, the ascertainment of the amount due, 
and the issuing of a warrant for the payment thereof. 

Such transfers, assignments, and powers of attorney, must recite the warrant 
for payment, and must be acknowledged by the person making them, before an 
officer having authority to take acknowledgement of deeds, and shall be certified' 
by the officer; and it muit appear by the certificate that the ofiic?r, at the time 
of the aclTnowledgeiient, r -'ad anlfuUy explained the transfer, assignment, or 
warrant of attorney to the person acktiow'edging the same 

Sec. 3744. It shall ba the da!-y of the Stcretavyof War, of ihe Secretary of 
the Navy, and of the Secretary of the Interior, to causg aad require every con- 
tract made ^)y sbem severally on behalf of the Governm^'nt. or by their otncers 
under t i em appointed to make such cont^-acts, to be reduced to writing, ond 
signed by the contracting parti. s with their names at the end thereof; a eopj^of 
which shall be filed by the oScer making and signing the c utr ict in the Re- 
turns Office of the Department of the Interior, as lOoa after the contract is-made 
as possible, and within thitty days together with all bids, offers, and proposals 
to him made by persons to obtain the same and wi'h a copy of any advertise- 
ment he may have published iriviting bils offers, or propo5als f r the same. 
All the copies and papers in relation to each c mtract shall be attached together 
by a ribbon and seal, and marked by numbers in re^dlai' orJer, according to the 
number of papers composing the whole return. (Se. §§ 512-315.) 

THE '^BOWMAiST ACT." 

The act of Congress, March 3, 1883, kaown as the " Bowman 
Act," provides that when any claim or matter is pending before 
either House of Congress or any committee which involves the 



183 

investigation and determination of facts, the same may be trans- 
ferred to the Court of Claims for hearir.g. When the facts are 
found they are transmitted to the House or to the committee 
from which the case was transmitted, ^o judgment is entered, 
no conclusions of law made, and no opinion is given, nor is the 
-evidence returned- All that is reported back is the findings of 
. fact: 

The same act authorizes the head of any Executive Depart- 
ment to transmit to the court any claim or matter involving con- 
troverted questions oilaw or fad, requiring the court to find both 
the law and the tact, and to render an opinion ; all of which is 
to be reported to the Department /or its guidance and action. As 
no judgments are entered, there is no right of appeal, as in other 
•cases within the jurisdiction of the court. 

The ^'Bowman Act " in full is the following : 

Chapter 116. 

AN ACT to afford assistance and relief to Cjagress and the Executive Departments in the 
invesrig-ation of claims aud demands against tlie G-overnment. 

Be it enacted, etc. [Section 1], That whenever a claim or matter is pending 
before any cooimittee of th.^ Senate or House of Kepresent tives or before either 
House of Congress, which involves the investigation and determination of 
facts, the committee or house may c-mse the same,. with the vouchers, papers, 
proofs, and d^'cumeats pertaining thereto, to b: transmitted to the Court of 
Claims of the Unittd States, and the same shall there be proceeded in under 
such rules as the court may adopt.* 

"When the facts shall have been found, the court shall not enter judgment 
thereon, but shall report the same to the committee or to the house by which 
the case was tr .nsmitted for its consideration. ' 

Sec. 2. That when a claim or matter is pending in any of the Executive De- 
partments which may involve controverted questions of fact or law, the head of 
such Department may transmit the same, with the voucher,?, papers, proofs, and 
documents pertaining thereto, to said court, and the same shall be there pro- 
ceeded in under such rules as the court may adopt * 

When the fcicts an:l conclusions of law shall have been found, the court shall 
not enter j adgment thereon, but shall report its findings and opinions to the 
Depaitment by which it was transmitted for its guiclance and adion. 

Sec. 3. The jurisdiction of said court shall not extend to or include any claim 
against the United States growing out of t e destruction or damige to property 
by the Army or Navy during the w.'.r for the suppression of the rebellion, or 
for the use and occupation of real estate by any part of the military or naval 
forces of the United States in the operations of said forces during the said war 
at the seat of war. , 

Nor shall the said court have jurisdiction of any claim against the United 
States which is no;v barred by virtue of the provisions of any law of the United 
States. 

Sec. 4 In any case of a claim for supplies or stores taken by or furnished to 

*This act does not repeal rCevised s^tatutes, section 1063, which authorized the head of a 
Department to transmit to the Court of Claims any case ? of the class of which, by reason 
of the subject-matter and ch;iracter, the court miffht take jurisdiction of on the volun- 
tary action of claimants, and which are set forth in the Revised S*:atutes, section 1039. 

Nor does it repeal that provision ia section 1059 of the Revised Statutes which j?ives the 
•court jurisdiction to hear and d.termine "all claims which may be referred by either 
house of Cong-ress." 

In all the above-mentioned cases the court has jurisdiction to enter judgment. 

Care must therefore be taken in referrmg" to the court cases which might come under 
either the Revised Statutes, or the act of March 3, 1883, to specify under which law the 
reference is made. 



184 

any part of military or naval fore s of tli3 United States for tiieir use during the 
late war for the suppression of the rebellion, the petition shall aver that the per- 
son who furnished such supplies or stores, or from whom such supplies or stores 
were taken, did not give any aid or comfort to said rebellion, but was through- 
out that war loyal to the Government of the United States, and the fact of such 
loyalty shall b^ a jurisdictional fact; 

And unless the said court shall, on a preliminary inquiry, find that the person 
who furnished such supplies or stores, or from whom the same were taken as 
aforesaid, was loyal to the Gove;nment of the United States throughout said 
war, the court shall not have juris liction of such cause, and the same shall, 
without further proceedings, be dismissed. 

Sec. 5. That the Attorney-General, or his assistants, under his direction, 
shall appear for the defense and protection of the interests of the United States 
in all c;ises which may be transmitted to the Court of Claims under tbis act, 
with the same power Ito interpose counter-claim, offsets, defenses for fraud 
practiced or attempted to be practiced by claimants, and other defenses, in like 
manner as he is now required to defend the Unite :l Stales in said c urt. 

Sec. 6. That in the trial of such cases no person shall be excluded as a 
witness because he or she is a party to or interested in the same. 

Sec. 7. That reports of the Court of Claims to Congress under this act, if not 
finally acted upon during the session at which they are reported, shall be con- 
tinued from session to session and from Congress to Congress until the same 
shall be finally acted upon. 

March 3, 1888. 



RULES 



OP 



THE COURT OF CLAIMS 



ARTICLE I.— Attorneys and Counsel. 

Sec. 1. Suits may be commenced by the claimant in person, or through his at- 
torney in fact, or an attorney of this court. If the claimant is represented by 
an attorney in fact, the power must be filed with the clerk, and its execution 
must be proved or acknowledged before an officer authorized to take acknowl 
edgements of deeds. 

Sec. 3. Any person of good moral character, who has been admitted to prac- 
tice in the Supreme Court of the United States, or in the highest court of the 
Distric!; of Columbia, or in the highest court of any State or Territory, may be 
admitted, on motion ia open couit, to practice as an attorney and counselor of 
this court. 

He may also be admitted at chambers, in vacation, by any member of the court, 
on its being shown by his affidavit or otherwise, that he has been admitted to 
practice in any of the aforesaid courts, and is still entitled to practice therein. 

Sec 3. There shall be but one attorney of record for the claimant in any case 
at any one time; but a claimant may be permitted to change his attorney on such 
conditions as the court may prescribe. A firm of attorneys will be regarded as 
the attorney of record. 

Sec. 4. PetitioDS, pleadings, and motions on the part of the claimant will be 
signed by The attorney of record; pleadings and motions on the part of the 
United States by the Assistant Attorney-General. 

Sec. 5 Attorneys of record, or the claimant if he appear in person, will, on 
commencing or appearing in a suit, register with the clerk of the court a post- 
office address, to which all notices required by these rules or ordered by the court 
may be address. d. 

Sec. 6. Counsel other than the attorney of record, may be heard on either 
side at the trial or in any stage of the proceedings, but shall not be entitled to 
file pleadings, give notices, or make motions. 

ARTICLE II.— -The Petition. 

Sec 1. Siiits will be commenced by petition, verified in the manner provided 
by law, and filed in the office of the clerk. The clerk will note the day of the 
filing of the petition thereon. Within twenty days thereafter, the claimant 
will file in the clerk's office twenty-five printed copies of such petition and note 
of filing. 

Sec 2. The petition must set forth — 

1st. The title of ihe action, with the full Christian and surnames of all the 
claimants. 

2d. A plain, concise statement of the facts and circumstances, giving place 
and date, free from argumentative and impertinent matter. 

3d. The prayer, in which the claimant must state distinctly the amount for 
which he demands judgment, or the relief for which he prays. 

Sec 3. "When the claimant cannot state his case with the requisite particu- 
larity without an examination of papers in one of the Executive Departments, 
and has been unable to obtain a sufficient examination of such papers on appli- 
cation, he may file a petition stating his claim as far as is in his power, and spec 
ifying as definitely as he can the papers he requires in order to enable him to 

185 



186 

state his clbim. The court will thereupon call upon the proper De^-arttne t for 
such information or papers as it may deem necessary; and when f e same are 
furnished, the petition may be amended, and the amended petition shall be 
printed and filed, and may take the place of the original petition. 

Sec. 4. If the claimant be an executor, admiijistrator, guar ian, or other rep- 
resentative, appointed by a judicial tribunal, a duly authenticated copy of the 
record of the appointment must be filed with the petition at the corned encement 
of the action. 

Sec 5. If the claim be founded upon an act of Congress, or upon a regulation 
of an Executive Pepartment, the act and the section thereof upon which the 
claimant relies must be specified, and the particular regulation of the Depart- 
ment must be stated in terms. 

Sec. 6. If the claim be founded upon an express contract with the United 
States, such contract must be set forth in the petition, aad, if it be in writing, 
must be annexed thereto. If it be founded upon an implied contract, the cir- 
cumstances upon which the claimant relies to p'ove a contract mus: be speci- 
fied. If it consists of several matters or items, each must be separately stated. 

Sec. 7. If the petition be verified by the attcrney atlawor other agent of the 
claimant, a power of attorney authorizing him to make the ve.ification must 
be filed with it. 

Sec. 8. If a claimant desire to amend his petition at any time, he must set 
forth in his motion the specific amendments desired. If the motion be allowed, 
he must within twenty days thereafter file a copy of the petition, wiih the 
amendments properly incorporated therein, unless the court order otherwise. 

Sec. 9 If the claimant die pending the suit, his death may be suggested on 
the record, and his proper representative may, on motion, and on filing a duly 
authenticated copy of the record of his appointment as executor or administra- 
tor be admitted to prosecute the suit. 

ARTICLE III.— Pleas. 

Sec. 1. Demurrers to petitions and g- neral traverses thereof must be filed 
within two months after the filing of the petition; and pleas averring special 
defense, set-off, or counter-claim, within one month after the claimant places 
his c se on the notic.-book. 

Sec. 2. When the Attorney-General demurs to the petition, he must set forth 
the grounds of the demurrer specially; but if the ground be that the petition 
does" not allege facts sufiicient to constitute a cause of action, that o je tion 
may be stated gener.dly. 

It ihe demurrer'be sustained, the claimant m-^y, of right, amend his petition, 
within vsuch time as the court may direct; but if he decline to amend,, judg- 
ment will be rendered dismissing ihe pet "t on. If tlie demurrer be overruled, 
the defendants may, of right, plead to the petition, within such tim3 ;i'5 the 
court may direct; but if they decline so to plead, judgmenf" will be re dered 
for the claimant according to the prayer of the petition; or the c:.urt wil order 
an assessment of damages, as the Attorney-General may elect. 

Sec. 3. Within one month after the filing of a set-off or counter c^aim by 
the defendants, the claimant must answer the same by replication ucder oath; 
in default whereof the court may, after ten days' notice by the defendants to 
the claimant, order that the set-off or counter-claim be considered as ad- 
mitted. 

Sec. 4. When the Attorney-General p'eads, under section 1086 of the Revised 
Statutes, that the claimant has practice 1 or attempted to practice fraud, he shall 
set forth the facts with sutficie it particularity t j enable the claimant to answer 
the same in detail; and the claim mt shall, within two months after the filing of 
said plea, reply to the same with like particularity, under oath. 

ARTICLE IV.— Motions. 

Sec. 1. Motions will be heard in the first instance before a Judge at chambers; 
but he may direct the same to be heard in open court. They must come to him 
through the clerk's office, and, when acted upon, will be returned there by him. 

Sec. 2. Motions must be in writing, signed by the attorney of record, and 



187 

must give the title and number of the case and the term at which they are made; 
and in no case shall the clerk tnter the motion unless this rule be complied 
with. 

Sec. 3. No order will be entered by the clerk unless it be directed from the 
bench, or be reduced to writing and marked "Allowed " by the Chief Justice 
or one of ihe Judges. 

Sec. 4. The clerk will not file any paper unless it be properly indorsed with 
the title and number of the suit and the name of the attorney filing it. 

ARTICLE v.— Service of Notices. 

Sec. 1. Parties filing petitions, pleadings, and motions, except motions for 
calls on Departments, must at the same time leave with the clerk written notice 
thereof, addressed to the attorney of the adverse party, with postage prepaid, 
and the clerk will mail the same and note the fact on the general docket. All 
other notices to adverse parties may be served in like manner. The clerk's en- 
try on his docket yvill 'be prima facie evidence of the service. In the computa 
tlon of time, the day of the service will be excluded, and the d-y on which a 
party is required to appear, or on which an act is required to be done, will be 
included. 

AETICLE YI.— Witnesses. 

Sec 1. When a petition is filed, either party may proceed to take testimony, 
notwithstanding thst issue of fact has not been joined or that issue on de- 
murrer may be pending. 

Sec 2. Unless the court order a witness to testify or illy on the trial, the evi- 
dence of witnesses must be by deposition, taken eiiher before a commissioner 
of the court, or a judge of a court of the United States, or a judge of a court 
of record in a Sta e or Territory of the United States, or a commissioner ap- 
pointed by a circuit court of the Uniied States, or a notary public. 

Sec. 3. When a wimess can be conveniently examined before a judge of this 
court, either party, at an' time prior to the examination, may move for an order 
directing that his deprsition be so taken. 

Sec 4. If a witness, having been duly summoned and his fees tendered him, 
shall f;.il or refuse to apptar a'nd testify before any officer authorized to take his 
testimony, a rule upon him will be issued by the court on motion, to show cause 
why a fiae should not be imposed upon him ; and, if he fail to show sufficient 
cause, he f^hail be fined not exceeding one hundred doll^irs. 

Sec. 5. Tht.- fees > f witnesses shall be such as are now, or may hereafter be, 
p escribe! by Congres?, and shall be p id by the party at whose instance the 
witnesses appear. 

Sec 6. The court may remand any case to the docket, and order a witness or 
aclaimfint to be produced before the court or one of the judges thereof for ex- 
aminatim. 

ARTICLE YII. — Depositions on Written Interrogatories. 

Sec 1. Depoit'oiis obtained in foreign' countries must be taken on written 
interr og tories, sr t out under :'. special commission is-ued by the clerk. Depo- 
s tions ma/ be taken in like manner within the United States, by consent of par- 
ties, or when authorized by tbe court, or by a judge in vacation. The written 
interrogatories must be filed in the clerk's office, arid noti'e thereof given to the 
adverse party. Within fifteen days after- such notice, the adverse party may 
file objections to any of tbe interrogatories, specifically stating the ground-; of 
objection; and may either file cross interrogat<'ries, or a notice that he will cross- 
examine the witL esses orally; which notice shall be attached to and sent out 
with the special commis-ioii. If he file cross-interrogatories, the other party 
may, within fifteen days thereafter, file objections there' o, si^eciflcally st ting 
the grounds of objection. No objections to -an interrogatory or a cross-interrog- 
atory will be considered at the tiialurless taken before the commission issues. 

Sec 2. When a deposition is taken up n wa'itte i int rrogatories and written 
cross interrogatories, neither the AttDraey-Gencal, nor tbe^claimant, his ag.mt 
or attorney, nor any other person, shall be present at th t examination of the 
witness; which fact shall be certified by the officer taking the deposition; who 



188 

shall, in su:'li cases, propound the icterrogatories and cross- interrogatories to 
the witness in their order, and reduce his answers to writing as nearly'as practi- 
cable in his precise words. 

ARTICLE Vlil.— DEPOSITIONS on oral jexamination. 

Sec. 1. The party pr. posing to take depositions on oral examination shall cause 
fifteen days' n.tice to be given thereof to the other party. The notice must be 
in writing, and state the names of the witnesses to be examined, the day of the 
month, the hour, and the place of taking the deposition. When the claimant 
proposes to take a deposition, and the witness resides more than five hundred 
miles from Washington, or when the defendants prop-se to take the deposition, 
and the witness resides more than five hundred miles from the claimant or his 
altra-ney, one day's further notice shall be given for every additional hundred 
miles. 

Sec. 2. If the claimant proposes to take a deposition in the city of Washington, 
three days' notice ehall be sufficient; and a like notice by the defendants shall 
be sufficient when the claimant's attorney resides in the cty of Washington. 

Sec. 3. When a deposition is taken by oral examination, each questton pro- 
pounded to the witness must be recorded, and his answers must be taken down, 
as nearly as may be, iu his own words. 

Sec. 4. No general objec ion to any qu'stion shall be notice by the officer; 
lut where an objection is made on specifically seated grounds, the officer shall 
record the same in direct connection with the C[uestion objected to. 

Sec. 5. When depositions are taken on notice, as provided in section 1 of this 
article, if both parties are present or represented at the time and place specified 
in the notice, either party may, after the examination of the witnesses ] reduced 
under the notice, be entitled to produce and examine other witnesses; but in 
order thereto one day's notice must b3 given to the adverse party, or his attor- 
ney, there present. 

ARTICLE IX. — general proyisions as to depositions. 

Sec. 1. Witnesses must be sworn or affirmed, before any questions ar3 put to 
thtm, to tell the truth, the whole truth, and nothing but the truth, relative to 
the cause iu which they are to testify; and each witness shall then state his 
name, his occupation, his age, if under twenty-one years, his place of residence; 
whether he has any, and, if any, what, interest, direct or indirect, in the claim 
which is the subject of inquiry; ar.d whether, and in what decree, he is related 
to the claimant. At the conclusion of the deposition, the witness shall state 
whether he knows of any other matter relative to the claim in question; and if 
he does, he shall state it. The testimony of the witness when completed shall be 
read over to him, and be signed by him in the prsence of the officer. 

Sec. 2. The officer should so conn.ct the sheets of tie deposition that they 
cannot be tampered with, and should return them sealed together. He should 
sign, and make the witness sign, f ach sheet; and generally he should spare no 
pains to return to the court the exact evidence he has taken. All exhibits should 
be carefully marked so as to be capable of immediate indendficatlon, and, when 
practicable", should be attached to the deposition under seal. 

Sec. 3, The officer must state, in the caption of the deposition, the cause in 
which it was taken, the place and date of taking. The name of the witnes?^ 
the party by whom called, and the names of tiie parties and counsel present. 
And in the body of the deposition must also be shown by whom the witness 
was examined and cross examined. 

Sec. 4. In his return the officer must show that the witness was properly 
swDin or affirmed, and that the answers were taken down in his presence^ 
and read over to and signed by the witness. 

Sec. 5. The officer must inclose the commission, depositions, and exhibits in a 
packet, under his seal, and direct the same to the clerk of the court at Washing- 
ton, and deposit the packet in the post office, or in an express-office, or he may 
transmit the same by a messenger, whose name shall be by him indorsed on the 
packet. 

Sec. 6. If the officer's fees be not paid at the time of taking the ^'eposition, he 
should indorse on the outside of the packet the gross amount of his fees and 



189 

disbursements, and inclose inside a detailed statement tliereof. The packet 
must not be opened until tbe party for whom the depositions were taken de- 
posits with the clerk the amount indorsed thereon. The clerk will then open 
the packet, and tax the officer's charges at the rates hereinafter provided, and 
will immediately transmit to him the amount taxed returning the overplus, if 
any, to the party. The money will be transmitted by draft or registered letter, 
and the clerk will retain his vouchers therefor. 

Sec. 7. The fees shall be three dollars a day f cr attending to take the deposi- 
tions, and twenty cents a folio of one hundred words for taking and returnipg 
it; but thh per diem allowance is limited to one day for a deposition or series 
of depositions taken in the same case. Short hand reporters, acting as special 
commissioners, will receive, in addition to these fees, ten cents a folio for 
writing out the deposition from their notes. 

Sec. 8. Any permanent commissioner charging in excess of the prescribed fees, 
except under a previous written agreement with the parties, will be deemed 
guilty of improper and illegal conduct, and his commission will be revoked. 

Sec. 9. Objections to the notice, or the form and manner of taking or returning 
the testimony, must be made in writing, and filed within one month after notice 
of the filing of the deposition, or they will be considered as waived. 

ARTICLE X,— Evidence Certified frdm the Depaetment. 

Sec. 1. The Attorney-General may offer in evidence properly certified informa- 
tion and papers from any Executive Department, without calling for the same 
under the provisions of section 1076 of the Revised Statutes. A call for such 
information and papers will be made at a claimant's request, on the approval 
of a Judge in chambers. On the receipt of an ansvv'er to the cad, the clerk will 
notify the claimant's counsel and the Attorney-General by post. 

Sec. 2. All information or papers furnished by an Executive Department in re- 
sponse to a call, or through the Attorney-General, is subject to objection by 
either party according to the rules of evidence at the common law; but neither 
party will be required to produce the originals of such papers, or to prove their 
execution, unless within one month after the return is filed the party objecting 
to such papers enter of record in the clerk's office a written denial of their 
genuineness. 

Sec. 3. Whenever it is charged in a petition that a contract has been made or 
other liability incurred through an officer or agent of the United States, other 
than the head of an Executive Department or the chief of a bureau, the claim- 
ant will be required to prove that such person was an officer or agent of the 
United States, by the certificate of the proper Executive Department, or by 
other legal and sufficient evidence. 

Sec. 4. Any information or papers certified from any Executive Department, 
and filed in any cause, may be used and applied in any other pending cause to 
which the same may be applicable or pertinent. To entitle such information 
or papers to be so used, copies thereof must be filed in such other cause before ■ 
the same shall have been placed on the tiial docket. 

ARTICLE XI.— Production op Original Papers by the Claimant. 

Sec. 1. The court may, at the instance of the Attorney-General, order any 
claimant, his agent or attorney, to produce in court, or before any officer authorized 
to take depositions, any letters, papers, deeds, documents, or other writings in 
his possession or subject to his control, in any way relating to the claim sued 
upon; and any claimant, his agent or attorney, who, after due notice, refuses 
to produce such letters, papers, deeds, documents, or other writings, when in 
his power to do so, shall be subject to attachment for contempt; and, if he 
persists in such refusal, the court will direct the petition to be dismissed. 

ARTICLE XII.— Briefs and Requests for Findings of Fact. 

Sec. 1. The claimant may at any time give notice to the Attorney General 
that his proof is closed, by an entry to that effect in the notice book in the 
clerk's office. If the Attorney-General shall not within two months thereafter 
file a request for further time to take proof, the claimant may. at any time after 
the expiration of that period, have the case placed on the trial list. 



190 

Sec. 3. The clerk shall not place a case on the trial list until the claimant files 
in the clerk's office t\Tenty-five printed copies of a brief stating the points of 
law on which he relies, with references to authorities, and twenty -five printed 
copies of the requests for facts required by Rule Y of the * ' Regulations pre- 
scribed by the Pupr^ me Court of the United States under which appeals may 
be taken from ihe Court of Claims." 

Sec. 3. Such request must be in the following terms : " The claimant, con- 
sidering the facts hereinaj ter set forth to he proven, ani deeming them material to 
the due representation of this case in the findings of fact, requests tJie court to find 
the same, as follows:" 

Following this request must be a statement in the form of distinct numbered 
propositions, of the facts which the party desires to have found; and each prop- 
osition must be so prepared, with respect to its length, subject aad phraseology, 
that the court may conveniently pass upon it; and they must be so arranged as 
to present a crncise statement, in orderly and logical sequence; of the whole 
case, as the party desires it to appear in the findings of fact. Subjoined to each 
proposition must be references to the pages of the record containing the evidence 
relied on in its support; but no evidence must be set out. Documents which may 
enter into the findings of fact need not be presented in the statam.nt, but may 
be referred to therein by the pages of the record. 

Sec. 4. The Attorney-General, within one month after the filing of the claim- 
ant's brief and request, must file his brief and request for findings of fact, and 
should indicate the i equests •■ n the claim a"nt's part to which no objection is made. 
Such request must be in form and substance like that required of the claimant 
by the next preceding section 

Sec. 5. If the claimant neglect, for two years after filing his petition, to close 
his proof and give no ice to the Attorn y-General, as required by section 1 of 
this article, the defendants may place the case on the trial list. 

Sec. 6. Whenever, in any case which the claimant has not put on the trial 
list, it shall be shown to the court that an eaily decision thereof is important to 
the interests of the Government, the case may, in the discretion of the courts 
be placed on the trial list by the defendants. 

ARTICLE XIII.— Trials and other Proceedings in Court. 

Sec. 1. When the defendant's brief and request are filed the case will be con- 
sidered as ready for trial, and, when reached, a continuance will not be ordered? 
except by consent of parties, or for good cause shown. 

Sec. 2. The trial docket will be made up monthly. Cases will go upon it in 
the order in which notice: of trial havt been filed. 

Sec. 3. The peremptory call of the trial docket will begin on the Tuesday 
after the firc4 Monday of each month during the term. 

Sec. 4. No case will be heard for trial unless the printed pleadings, evidence, 
and briefs be made up in book form together and paged consecutively, and a^ 
copy thereof furnished to each member of the court at the hearing; and all ci- 
tations from, or references to, such pleadings, evidence, and briefs must be by 
the consecutive paging of such book. 

Sec. 5. When, in any case, the record shall be made up in book form, as re- 
quired in the next preceeding section, the chief clerk will make, cause to be 
printed, and prefix to each copy of the record so made up, a table of the contents 
thereof, with references to the page where each document and each iDiece of evi- 
dence may be found. 

Sec. 6. The law docket will be taken up on Monday of each week duriog the 
term. 

ARTICLE XIV.—Printing. 

Sec. 1. The testimony and briefs will be printed. In printicg the testimony, 
the notices and the officers' captions and certificates will be omitted; but to each 
depoirition there must be prefixed a title in the following form: deposition of 

for claimant [or defendant, as the case may be], taken at , on 

the day of , 18 — ; claimant's counsel. — / defendant's 

counsel, • . 

Sec 2. Where an answer of a Department is printed as evidence, the call for 
the same must be printed therewith 



191 

Sec. 3. Before printing a return made to a call on a Department, the chief 
clerk will wthbold from the copy for the printer, 1st, all papers of which copies 
have been previously printed in the record of the case; and for this purpose he 
' will compare the two copies, and if variations are found he will take the direc- 
tions of a Judge in chambers, before sending the return to the printer; 2d, 
all certificates of authenticity and certificates of acknowledgment; 3d, all papers 
which both parties agree to omit; 4th, all papers which a Judge in chambeis 
orders to be omitted. In each case the chief clerk will make a memorandum of 
the omission In the copy for the printer, verified by his initials. 

Sec. 4. If the claimant objects to printing information or papers so returned, 
and the Attorney General requests to have the same printed, the clerk will note 
a memorandum of such r quest in the copy for the printer, with his initials at- 
tached; and when such ii formation or papers are i3rinted, the same will be re- 
garded as evidence offered on the p.irt of the defense, i^ 11 information and pa- 
pers transmitted from a Department in reply to a. claimant's call, end not thus 
objected to by him within ten days after return of the call^ will be regarded as 
evide-ce offered by the claimant. 

Sec. 5. The printed papers required by these rules must be in long primer 
type and in royal octavo pages, and the style and number of the case must be 
prefixed to all pricted papers and to records of evidence. 

Sec. 6. No deposition, return, or record on file shall be taken from the cus- 
tody of the clerk by a claimant or his attorney, but either may attend at the 
c'erk's office, atd prepare his evidence for the"^pre£s in the form and manner 
before pr.sciibed. When the evidence is complete an'^ ready for the printer, 
the chief cl-rk will have it print- d at the Public Printing Office. 

Sec. 7. ISTo examination of a claimant taken under Section 1080 of the Re- 
vised Statutes, shall be printed, unless the Attorney-General shall first have filed 
in the case a written declaration of his intention to read the same in evidence 
on the trial; f nd the filing of such declaration shall be considered as the exercise 
of the discretion vested in that offi -er by said sect* on, and shall entitle the claim- 
ant to read the examination ao evidence at the trial if the Attorney-General de- 
clines to do so, unless for ^ood cause shown the court shall otherwise order. 

ARTICLE XV.— Limitation. 

Sec. 1. If it appear on the face of the petition that the claim first accrued 
more than sis years: before the pttition was filed, the claimant must aver there- 
in the existence and period of duration of some disability, recognized by law, 
which prevented his filing his petition within that time; 'in default whereof, it 
will be considered that no such disability existed, and the petiticn may be dis- 
missed on motion. 

_ Sec. 2. If the claimant, in avoidance of the bar of limitation, aver in his pe- 
tition the existence and duration of any such disability, and it thereby appears 
that, after tbe disability ended, more than three years had elapsed before the 
petition was filed, the petition may be dismissed on motion. 

Sec 3. If upon the face of the petition it does not appear when the claim 
first acc'ued, the court may require the claimant to make ihe petition definite 
and certain in that regard, and in defav.lt thereof may dismiss the suit. 

Sec. 4. Averments In regard to the time when a claim first accrued, or in re- 
gard to an alleged disability of the claimant, will be held to be put in issue by 
the defendant's general traverse. 

ARTICLE XVI.— DlSCONTDsUANCE. 

^* Sec. 1. Where fraud or set-off is pleaded, the claimant shall not, without leave 
of the court, discoLtinue his suit. In ether cases he may do so, either in open 
court, or with the approval of a Judge, in vacation. 

ARTICLE XVIL— New Trial. 

Sec. 1. A new trial will not be granted where, upon the whole case, justice 
has been done betwe.ni he parties and the judgment is substantially right, al- 
tbongh there may have been some mistakes committed at the trial. 

Sec. 2. A motion by a claimant for a new tiia^ may be founded upon one or 
more of the following grounds; 1st. Error of fact; 2d. Error of law; and 3d. 



192 

Newly discovered evidence. It must be made at the term in whicli the judg- 
ment is rendered, and before the commencement of the long vacation. 

Sec. 3. A motion founded upon an error of fact must specify with minute- 
ness the fact or facts which are regarded as erroneously found or erroneously 
omitted to be found by the court, with full reference to the evidence which is 
relied on to support the motion. 

Sec. 4. Amotion founded upon error of law must specify with like minute- 
ness the points upon which the court is supposed to have erred, with references 
to the authorities relit d upon to support the motion. 

Sec. 5. A motion upon the ground of newly discovered evidence will not be 
entertained unless it aj^pear that the newly discovered evidence came to the 
knowledge of the claimant or his attorney after the trial and before the motion 
was made; that it was not for want of due diligence that it did not sooner come 
to his knowledge; that it is so material that it would probably produce a differ- 
ent judgment if the new trial were granted; and that it is not cumulative. 
Such motion must be accompanied by the affidavit of the claimant or his attor- 
ney of record, setting forth — 

Ist. The facts in detail which the claimant expects to be able to prove, and 
whether the same are to be proved by witnesses or by documentary evidence. 

2d. The name, occupation, and residence of each and every witness whom it is 
proposed to call to prove said facts. 

3d. That the said facts were unknown to either the claimant or his attorney of 
record, and, if other counsel was employed at the trial were unknown to such 
counsel, until after the close of the trial. 

4th. The reasons why the claimant and his attorney of record and his said 
counsel could not have discovered said evidence before the trial, if due diligence 
had been used. 

Sec. 6. If the court desires to hear argument upon a motion by a claimant for 
a new trial, the motion will be ordered to the law docket; otherwise the decision 
will be announced from the bench without hearing. 

ARTICLE XVIII.— Appeals. 

Sec. 1. Application for appeal to the Supreme Court of the United States 
from any judgment or decree of this court must be in writing, and signed by 
the claimant or his attorn e;^ of record, if the appeal be on his behalf; or, if 
taken by the United States, it must be signed by the Attorney-General or his 
assistant. 

Sec. 2. Such applica ion, if made when the court is not in session, must be 
filed with the clerk, and the date of filing the same must be indorsed upon it 
and noted upon the general docket. 

ARTICLE XIX^Clerk's Office. 

Sec. 1. During term time the clerk's office must be kept open every day, except 
Sundays and holidays, from 9| a. m. to 4 p. m., or such later hours as the court 
m-r^y be in session or in conference. During the Christmas holidays, the office 
may be clostd at 1 p. m., and in vacation at 3 p. m. 

Sec. 2. When the court is in session, both the chief clerk and the assistant clerk 
will be at the office during office hours. In vacation they may arrange their 
hours to suit each other and the public business. 

Sec. 3. The chief clerk will have charge of the journal of the court, of the law 
and trial docket-, of the printing, and of the preparation of the tables of con- 
tents of the records of each case; and he will also prepare the annual r<.turn to 
Congress. 

Sec. 4. The assistant clerk will attend to office business, and will have charge 
of the general docket, the notice book, and the giving of notices under these 
rules. 

Sec. 5. In the absence of the chief or assistant clerk, his duties will be tem- 
porarily performed by the other. 

Sec. 6. Any one wishing to see any papers on file in the clerk's office will 
apply therefor to the chief or assistant clerk, who will take them from their 
place of deposit, and return them thereto when done with; and no such papers 
can be taken out of the clerk's office, except by authority cf the court, or of 
one of the members thereof. 



193 

ARTICLE XX.— Withdrawal op Papers 

Sec. 1. Papers shall not be withdrawn from the files except on motion for 
good cause shown, and upon such terms as the court or a Judge may order. 

ARTICLE XXL— Extension of Time. 

Sec. 1. The time named in these rules for the doing of any act may be ex- 
tended on motion for good cause shown. 

ARTICLE XXIL— Departmental and Congressional Cases. 

Sec. 1. Cases involving controverted questions of fact or law in any claim or 
matter, transmitted to the court under the provisions of section 3 of the act of 
March 3, 1883, entitled "An act to afford assistance and relief to Congress and 
the Executive Departments in the investigation of claims and demands against 
the Government," shall be proceeded with, in like manner, and subject to the 
same rules, so far as applicable, as other cases in the court under its general 
jurisdiction, except as herein provided. 

Sec. 2. When a case is so transmitted the clerk shall examine the papers and 
send notice thereof by mail to every person, whose post-offlce address is given, 
who appears ilierefrom to be directly interested therein and to the Attorney- 
■General, noting t'ae fact oi the records, and specifying the names of the parties 
notified, and the date of notice. 

Sec. 3. Witliin two months after mailing of such notices, or within such 
further time as the court may allow, any person directly interested in the case 
may appear as a party therein, by fill ig his petition, unier oath, setting forth 
concisely and specifically his interest and claim. 

Sec. 4. Any person claiming to be indirectly interested in any question in- 
volved in such case may, by leave of court, be permitted to appear and be 
heard on the one side or the other, as his interest may require, upon filing a 
petition, under oath, setting forth specifically and concisely how he claims to 
be so interested, and sub mi' ting the ques'ions raised to the decision of the court. 

Sec. 5. It no claimant, directly or indirectly interested appears and files his 
pet tion within said two months, the A.tcrney General, or Assistant Attorney- 
General charged with defendiDg the Government in this court, may set the case 
down for trial upon such evidence as he may submit. 

Sec. 6. When a case is transmitted to the c ;-urt by either House of Congress, 
or a committee thereof, under the first section of said act, involving the in- 
vestigation and determina ion of facts in any c'aim or matter, the clerk shall 
examine the papers an 1 send notice by mail to every person, whose po-t-offlce 
address is giv^n who app ars theref om to be directly interested therein, and 
to the Attorney-General, noting the fact on the record and specifying the names 
of the parties notified and the dates thereof. 

Sec 7. vVithintwo months alter the mailing of such notices, or within such 
further time as the court may allow, any y.erson directly interested in the case 
may appear as a party ther in, by filing his j^etition, under oath, setting forth 
-concisely and specifically his claim and'interest. Thereafter the case shall be 
proceeded with, in ;ike manner, and subject to the same rules, so far as applica- 
ble, as other cases in the court under its general jurisdicdon. 

Adopted April 28, 1884 

Sec. 8. In any c^se of a claim f r supplies or stores taken by or furnished to 
any part of the military or naval forces of the United States for thtir use during 
the late war for th J sup-Bresson of the rebellion, no testimony shall, withoui; 
authority of the judg ; of the court or the consent of both parties be taken in 
regard to the m rits of the claim until after the preliminary inquiry in regard to 
the claioaant's loyalty, required ^y section 4 of the act aforesaid of Marjh 3, 1883, 
shall have been decided m his favor. 

Sec. 9. Cases in which the question of the claimant's loyalty is to be deciled 
s'lall be brought upon the trial docket, in reference to that question, in the man- 
ner prescribed by section 1 of Artie e XII of the rules of this court. In such 
biases neither party shall be required to file a brief. 
w G w 13 



194 

Sec. 10. If a claim which was at any time before the Commissioner of Claims, ap-- 
pointed under the act of March 3, 1871, and commonly called the "Southern 
Claims Commission," be transmitted to this court by cither House of Congress, 
or by any committee thereof, under the said act of March 3, 1883, and with such 
claim there be transmitted depositions, which were duly taken in conformity 
with the rules of said Commission, such depositions may be used by either party 
as evidence at the preliminary inquiry aforesaid, or at the final hearing of the 
cause, or at both, subject to such objections to their competency or relevancy as- 
might be made if the deponents were examined in open court, or their deposi- 
tions were regularly taken under the rules of this court. 

Sec. 11. If it be made to appear that, besides the depositions so transmitted,, 
there are among the papers of said Commission oLher such depositinns relating 
to claim nt's loyalty, or to the merits of his claim, a judge of the court may 
authorize such depositioES, or duly certified copies thereof, to be obtained and 
filed in the clerk's oflBce of this court, to be used as evidence in the same man- 
ner and on the same terms as if they had been transmitted with the claim. 

Sec. 12. To entitle either party to use as evidence any deposition under either 
of the two next preceding sections there must be given to the other party at least 
tw.o months' notice of the intei-tion so to use it. 

Sec. 13. Ko such deposition shall be printed unless authorized by a judge of 
the court. 



CHAPTER CXXXVII. 

AN ACT to (letermiue tbe .iuiisdiction of circuit conrts of the United States, and to regu- 
late the removal of causes from the State courts, and for other purposes. 

Be it enacted by the Senate and House of B' prezentaiives of the United States of 
America in Congress assembled, That the circuit cour-s of the United States shall 
have original cognizance, concurrent with the courts of the several States, of 
all suits of a civil nature at common law or in equity, where the matter in dis- 
pute exceeds, exclusive of costs, the sum or value of five hundred dollars, and 
arising under the Con titution or laws of the United States, or treaties cade, or 
which shall be made, under their authority, or in Wuich the United States are 
plaintiffs or pititioners, or in which there shall be a controver.-y between citizens 
of different States or a controversy between citizens of the same State claiming 
lands under grants of diff rent States, or z, controversy between citizens of a 
State and foreign states, citizens, or subjects; 

And shall have exclusive cognizance of all crimes and offences cognizable 
under the authority of the United States, except as otherwise provided by law, 
and concurrent jurisdiction with the district courts of the crimes and offe^nces 
cognizable therein. 

But no person shall be arrested in one district for trial in .another in any civil 
action before a circuit or district C'urt. 

And no civil suit shall be brought before either of said courts against any 
person by any original process or prcceiding in any other district than that, 
whereof he is an inhabitant, or in which he shall be found at the time of serv- 
ing such process or commencing such proceeding, except as hereinafter pro- 
vided . 

"Nor shall any circuit or district court have cognizance of any suit founded 
on contract in favor of an assignee, unless a suit might have been prosecuted in. 
such court to recover thereon ff no assignment had'been made, except in cases- 
of promissory notes negoticble by the law merchant and bills of exchange. 

And th:^ circuit courts shall also have appellate jurisdiction from the district 
courts under the regulations arid restrictions prescribeel by law, 

Sec 2. That any suit of a civil nature, at law or in eeiuity, now pending or 
hereafter brought in any State court where the matter in dispute exceeds, exclu- 
sive of costs, the sum or value of five hundred dollars, and arising under the 
Constitution or laws of the Unit' d States, or treaties made, or which shall be 
made, under their authority, or in wl ich the United fctates shall be plaintiff or 
petitioner, or in which there shall be a controversy between citizens of different 
fctates, or a controversy between citizens oi the same State claiming lands under 

« 



195 

grants of different State?, or a controversy between citizens of a State and for- 
eign States, citizens, or subj cts, either party may remove said suit into the cir- 
cuit couit of the United States for the proper district. 

And when in any suit mentioned in this section there sball be a controversy, 
wiiich is wholly between citizens of different Statos, and which can be fully 
d- tt-rmined as between them, then either one or more of the plaintiffs qy de- 
fendants actually interested in such controversy may remove said suit into the 
circuit court of the United States for the prop.r district. 

:^EC. 3. That whenever either party, or any one or more of the plaintiffs or 
defendants entitled to remove any suit mentioned in the next preceding section 
shall desire to remove such suit from a State court to the circuit court of the 
United States, he or they may make and file a petition in such suit in such State 
court before or at the term at which said cause could be first tried and before 
the 'trial thereof for the removal of such suit into the circuit court to be held in 
the district where such suit is pending, and shall make and file therewith a bond, 
with good and suflicient surety, for his or their entering in such circuit court, 
on the first day of its then next session, a copy of the recoid in such suit, and 
for paying all costs that may be awarded by the said circuit court, if said court 
shall !iold that such suit was wrongfully or improperly removed thereto, and 
also for there appearing aod entering special bail in such suit, if special bail 
was originally requiate therein, it shall then be the duty of the St ite court to 
accept sa'd petition and bond, and proceed no further in such suit, and any bail 
that "may have been originally taken shall be discharged; and the said copy being 
entered as aforesaid in said circuit court of the United States, the cause shill 
then proceed in the same manner as if it had been originally commenced in the 
saidciicuit court. 

And if in any action commenced in a State court the title of land be concerned 
and the parties are ci'izens of the same State, and the matter in dispute exreed 
the sum or value of five hundred dollars, exclusive of costs, the sum or value 
being made to appear, one or more of the plaintiffs or defendants, before the 
trial, my state to ihe court, and make affidavit, if the couit require it, that he 
or they claim and shall rely upon a right or title to the land u'lder a grant from 
a State, and procluce the original grant, or an exemplification of it, txcept where 
the loss of public records shall put it out of his or their power, and shall move 
that any one or more of the adverse party inform the court whether he or they 
claim a right or title to the land under a grant from some other State, the party 
or parties so required sh ill give such information, or otherwise not be allowed 
to plead such grant, or give it in evidence upon the trial; and if he or they in- 
form that he or they do claim under such grant, any one or more of the party 
moving for such information may then, on petition and bond as hereinbefore 
mentioned in this act, remove the cause for trial to the circuit court of the United 
States next to be holden in such district. 

And any one of either party removing the cause shall not be allowed to plead 
or give evidence of any other title than that by him or them stated as aforesaid 
as the ground of his or their claim. 

And the trial of issues of fact in the circuit courts sha 1, in all suits except 
those of equity and of admiralty and maritime jurisdiction, be by jury. 

Sec. 4 That when any suit sball be removed from a State court to a circuit 
court of the United States, any attachment or sequestration of the goods or estate 
of the defendant had in such suit in the State court shall hold the goods or estate 
so attached or sequestered to answer the final judgment or decree in the same 
manner as by law they would have been held to answer final judgment or decree 
had it been rendered by the court in which such suit was commenced. 

And all bonds, undertaking?!, or security given by either party in such suit 
prior to i:s remova' shall r.-main valid and effectual, notwithstanding said re- 
mova\ 

And all injunctions, orders, and other proceedings had in such suit prior to 
its removal shall remain in full force and effect until dissolved or modified by the 
court to which such suit shall be removed. 

Sec. 5. That if, in any suit commenced in a circuit court, or removed from 
a State court to a circuit court of the United States, it shall appear to the satis- 
faction of said circuit court, at any time after such suit has been brought or 
removed thereto, that such suit does not really and substantially involve a dis- 
pute or controversy properly within the jurisdiction of said circuit court, or 



196 

that the parties to said suit have been improperly or collusiveiy made or joined, 
either as plaintiffs or defendants, for the purpose of creating a case cognizable 
or removable under this act, the said circuit court shall proceed no further 
therein, but shall dismiss the suit or remand it to the court from which it was 
removed; as justice may require, and shall make such order as to costs as shall 
be just. 

But the order of said circuit court dismissing or remanding said cause to 
the State court may be reviewable hy the Supreme court on writ of error or 
appeal, as the case may be. 

Sec, 6. That the circuit court of the United States ?hall, in all suit's removed 
under thp provisions of this act, proceed tiier^in as if the suit had been origi- 
nally commenced in said circaif. court, and the same proceedings had been ta^en 
in such c-uit in said circuit court as shall have been had therein in said State court 
prior to its removal. 

Sec. 7. That in all causes removable und-rr this act, if he term of the circuit 
court to which the same is removable, then next to be holdea, shall commence 
within tWv-nty d'iys after filing the petition and bond in the State court for its 
removal, then he or they who app'y to reinov3 the same shall have twenty days 
from such application to file said copy of record in said circuit court and enter 
appearance therein; and if done within said twenty days, such filing and ap- 
pearance sl.a'l be taken to sati-fy the said bond in that behalf. 

That if the clerk of the State court in which an/ such cause shall be pending, 
shall refuse to any one or more of the parties or persons applying to remove the 
same, a copy of the record therein, after tender of legal fees for such copy, 
said clerk so offending shall be deemed guilty of a misdemeanor, and, on con- 
viction thereof in the circuit court of the United States to which said action, oi 
proceeding was removed, shaU be punished by imprisonment not more >han one 
year, or by fine not exceeding one thousand dollars, or both in the discretion of 
the court. 

AikI the circuit court to which any causr, shall be removable under this act 
shall have power to issue a writ of certiorari to said State court commanding 
said State court to make return of the record in any such cau e removed as 
aforesaid, or in which any one or more of the plaintiffs or defendants have com- 
pl"'ed with the provisions of this act for the removal of the same, and enforce 
said writ according to law; 

And if it shall be impossible for the parties or persons removing artj cause 
under this act, or complying with the provisions for the removal thereof, to 
obtain such copy, for the reason that the clerk of said State court refuses to 
furnish a copy, on payment of legal fees, or for any other reason, the circuit 
court shall make an order requiring the prcsecutor in any such action or pro- 
ceeding to enforce forfeiture or recover penalty as af or. said, to file a copy of 
the paper or proc3eding by which the same was commenced, within such time 
as the court may determine; and in default thereof the court shall dismiss the 
said action or proceeding; 

But if said order shalfbe complied with, then said circuit court shall require 
the other party to plead, ani said action, or proceeding shall proceed to final 
judgment; and the said circuit court may make an order requiring the parties 
thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be 
discharged so far as it requires copy of the record to be filed as aforesaid. 

Sec. 8. That when in any suit, commence i in any circuit court of the United 
States, to enforce any legal or equitable lien upon, or claim to, or to remove any 
incumbrance or lien or cloud upon the title to real or personal property within 
the district where such suit is brought, one or more of the defendants therein 
shall not be an inhabitant of, or found within, the said district, or shall not 
voluntarily appear thereto, it shall be lawful for the court to make an order 
directing such absent defendant or defendants to appear, plead, answer, or 
demur, by a day certain to be designated, which order shall be served on such 
absent defendant or defendants, if practicable, wherever found, and also upon 
the person or persons in* possession or charge of said property, if any there be; 

Or whete such personal service upon such absent defendant or defendants is 
not practicable, such order shall be published in such manner as the court may 
direct, not less than once a week for six consecutive weeks; 

And in case such absent defendant shall not appear, plead, answer, or demur 
within the time so limited, or within some further time, to be allowed by the 



197 

couit, in its discretion, and upon proof of tlie service or publication of said 
order, acd of the performance of the directions contained in the same, it shall 
be lawful for the court to entertain jurisdiction, and proceed to the hearing and 
adjudication of such suit in the same manner as if such absent defendant had 
been served with process within the said district; 

But said adjudication shall, as regards said absent defendant or defendants 
without appearance, affect only the property which shall have been the subject 
of thi suit and under the jurisdiction of the court therein, within such district; 

And when a part of the said real or personal property against which such 
proceeding shall be taken shall be within another district, but within the same 
Slate, said suit may be brought in either district in said State: 

Provided, hoicever. That any defendant or defendants not actually personally 
notified as above provided may, at any time within one year after final judg- 
ment in any suit mentioned in this section, enter his appearance in said suit in 
said circuit court, and thereupon the said court shall make an order setting 
aside the judgment therein, and peimitting said defendant or defendants to 
plead therein on payment by him or them of such costs as the court shall deem 
just: and thereupon said suit shall be proceeded with to final judgment accord- 
ing 10 law. 

Sec. 9. That whenever either party to a final judgment or decree which has 
been c r shall be rendered in any circuit court has died or shall die before the 
time allowed for taking an appeal or bringing a writ of error has expired, it 
shall not be necessary to revive the suit by any formal proceedings aforesaid. 

The represcLtative of such deceased party may file in the office of the clerk of 
such circuit court a duly certified copy of his appointment and thereupon may 
enter an appeal or bring writ of error as the party he represents might have 
done. 

if the party in whose favor such judgment or decree is rendered has died 
before a peal taken or writ of error brought, notice to his representatives shall 
be given from the Supreme Court, as provided in case of the death of a party 
aftt-r appeal taken or wiit of error brought. 

Sec. V). That all acts and oarts of acts in conflict with the provisions of this 
act are hereby repealed. [March 3, 1875.] 

[Public- No. 159.] 

aN act to amend the act of Congress approved March third, eighteen hundred and sev- 
entyfive, entitled "An act to determine the jurisdiction of circuit courts of the United 
States, and -o regulate the removal ol causes from State courts, and for other purposes 
and to further regu.ate \he jurisdiction of circuit courts of the United States, and for 
other pUTpo=es.' 

Be it enacted ly the Senate and House of Bepresentatives of the United States of 
America in Congress assembled^ That the first section of an act entitled "An act 
to dettrmine the jurisdiction of circuit courts of the United States, and to reg- 
ulate the lemoval of causes from State courts, and for other purposes," ap- 
proved March third, eightein hundred and seventy -five, be, and the same is 
heeby, amended so as to read as follows : "That the circuit courts of the United 
States .-hall have original cognizance, concurrent with the courts of the several 
States, of all suits of a civil nature, at common law or in equity, where the 
matter in dispute exceeds, exclusive of interest and costs, the sum or value 
of two thousand dollars, and arising under the constitution or laws of the United 
States, or treaties made, or which shall be made, under their authority, or in 
which controversy the United States are . plaintiffs or petitioners, or in which 
thert- shall be a controversy between citizens of different States, in which the 
matter in dispu'e exceeds, exclusive of interest and costs, the sum or value afore- 
said, or a controversy between citizens of the same State, claimiag lands under 
grants of different States, or a controversy between citizens of a State and for- 
eign states, ciiizens, or subjects, in which the matter in dispute exceeds, exclu- 
sive of interest and costs^ the sum or value aforesaid, and shall have exclusive 
cognizanct of all crimes and offenses cognizable under the authority of the 
United States, except as otherwise provide-:! by law, and concurrent jurisdiction 
with the district courts of the crimes and offenses cognizable by them. But no 
person shall be arrested in one district for trial m. another in any civil action be- 
fore a circuit or district court; and no civil suit shall be brought before either 
of said courts agaiast any person by any original process of proceeding in any 



198 

other district than that whereof he is au inhabitant; but where the jurisdiction 
is founded only on th3 fact that the action is between citizens of differetit States, 
suit shall be brought only in the district of the residence of either the plaintiff 
or the defendant; nor shall any circuit or district court have cognizance of any 
suit except upon foreign bills of exchange; to recover the contents of any prom- 
issory note or other chose in action in f xvor of any assignee, or of any subse- 
quent holder of such instrument be payable to bearer and be not made bv any 
corporation, unless such suit might have been prosecuted in such court to re 
cover, the said contents if no assignment or transfer had been made; and the 
circuit courts shall als^ have appellate jurisdiftion from the distdct courts, un- 
der the regulations and restrictions prescribed by law." 

"Sec. 2. That any suit of a civil nature, at law or in equity, arising under the 
Constitution or laws of the United States, or treaties made, or which sba'.l be 
made, under their authority, of which the circuit courts of. the Unit-d States 
are given original jurisdiction by the preceding section, which may now be 
pending, or which may hereafter be brought, in any State court, maybe re- 
moved by the defendant or defendants therein to the circuit court of the United 
States for the proper district; any other suit of a civil nature, at law or in equity, 
of which the circuit courts of the United States are given jurisdiction by the 
preceding section, and which are now pending, or which may hereafter be 
brought in any Slate court, may be removed into the circuit court of the United 
States for the proper district by the defendant or defendants therein being non- 
residents of that State; and when in any suit mentioned in th's section there 
shall be a controversy which is wholly between the citizens of diff. rent S:ates, 
and which can be fully determined as between them, then either one or more of 
the defendants actually interested in such controversy may remove said suit 
into the circuit court of the United States, for the proper distdct. And where 
a suit is now pending, or may be Lereafter brought, in any State court, in which 
there is a controversy between a citizen of the State in wMch the suit is brought 
and a citizen of another State, any defendant, being such ci izeh of another 
State, may remove such suit into the circuit court of the United States for tbe 
proper district, at any time before the trial thereof when it shall be made to ap- 
pear to said circuit court that from prejudice or local i:.fluence he will not be 
able to obtain justice in such State couit, or in any ather Ptate court to which 
the said defendant may, under the laws of the State, have the right, on account 
of such prejudice or local influence, to remove said cause: Provided, That if it 
further appear that said si^it can be fully and justly determined as to the other 
defendants in tl e State court, without being affected by such prejudice or local 
influence, and that no psrty to the suit will be prejudiced by a separation of the 
parties, said circuit court may direct the suit to be remanded, so far as relates to 
such other defendants, to the State court, to be proceeded with therein. "At 
any time before the trial of any suit which is now pending in any circuit court 
or may hereafter be entered therein, and which has been removed to said court 
from a State court on the afiidavit of any party plaintiff that he bad reason to 
believe and did believe that, from prejudice or local influence, he was unable to 
obtain justice in said Ftate court, the circuit court shall, on application of the 
other party examine into th'- truth of said affidavit and the grounds thereof, 
and, unless it shall appc ar to the satisfaction cf said court that said party will 
not be able to obtain justice in such State court, it shall cause the same to be re- 
manded thereto. "Whenever any cau^e shall be removed from any State court 
into any circuit court of the Uni'ed States, and the circuit court shall decide 
that tbe cause was improperly removed, and or'^er the same to be remanded to 
the State court from whence it came, s^.uch remand shall be immediately carried 
into execution, and no appeal or writ of error from the decision of the circuit 
court so remanding such cause shall be allowed." 

That section three of said act be, and the same is hereby, amended so as to 
read as follows: 

Sec. 3. That whenever any pirty entitled to remove any suit mentioned in the 
next preceding section, except in such cases as are provided for in the last clause 
of said section, may desire to remove such suit from a State court to tbe circuit 
court of the United States, he may make and file a petition in such suit in such 
State court at the time, or any time before the defendant ia required by the laws 
of the State or the rule of the State court in vr'uich such suit is brought to ans- 
wer or plead to the declarition or com:)laint of the plaintiff, for the removal of 



199 

;such ^uir into the circuit court to be held ia the district where such suit is pend- 
ing, and shall make and file therewith a bond, with good and sufficient surety, 
for his or their CDteriug in such circuit court; on the flr^t day of its then next 
session a copy of the record in such suit, and for paying all costs that m-'v be 
awarded by the said circuit court if said court shall hold that such suit was 
-wrongfully or improper'y removed theret^^, and aUo for their appearing anden- 
"tering special bail in such suit if special bail was originally requisite therein. 
It shall then be the duty of the State court to acceptsaid petition a^d bond, and 
proceed no farther in such suit and the said copy being entered as aforesaid in 
-«aid circuit court of the United States, the cause shall then proceed in the same 
manner, as if it had been originally commerfced in the said circuit court; and if 
in any action commenced in a State court the title of land be concerned, and the 
partie are citizens of the same State, and the matter in dispute exceed the sum 
or value of two thousand dollars, exclusive of interest and costs, the sum or 
value being made to appear, one or more of the plai tiffs or defendants, before 
Tthe irial, may state to the court, and make affidavit if the court require it, that 
he or they claim and shall rely upon a right or title t ) the land under a grant 
ifrom a >tate, and produce the original grant, or an exemplification of it, 
except where the loss of public records shall put it out of his or their power, 
and shall move that any one or more of the adverse party inform the court 
whether he or they claim a right or title to the land under a grant from some 
other St ite, the party or parties so required shall give such information, or other- 
wise not be allowed to plead such grantor give it in evidence upon the trial; 
and if he or they inform that he or they do claim such grant, any one or more 
■of the party moving for such information may then, on petition and bond, as 
'hereinbe ore mentioned in this act, remove the ca se for trial to the circuit 
•court of the United States next to be holden in such district; and anyone of 
■either party removing the cau-e shall not be allowed to plead or give evidence 
of any other title than that by him or them stated as aforesaid as the ground of 
his or their claim. 

Sec. 2. That whenever ia any cause pending in any court of the United States 
there shall be a recei^ er or manager in possession of any property such receiver 
•or manager shall manage and operate such property according to the require- 
ments of the valid laws of the t^tate in which such property shall be situated in 
the same manner the owner or possessor thereof would be bound to do if in pos- 
session thereof. Any receiver or manager who shall willfully violate the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and shall, on 
•conviction thereof be punished by a fine not exceeding three thousand dollars, 
or by imprisonment not exceeding one year, or by both said punishments, in the 
discretion of the court. 

Sec. 3. That every receiver or manager of any property appointed by any 
•court of the United States may be sued in respect of any act or transaction of 
his in carrying on the business connected with su.h property, without the pre- 
vious leave of the couit in which such receiver or manager was appointe I; but 
such suit shall be subject to the general equity jurisdiction of the court in which 
such receiver or manager was appointed, so far as the same shall be necessary 
to the ends of justice. 

Sec. 4. That all national banking associations established under the laws of 
the United St-t'es shall, for the purpose of all actions by or against them, real, 
personal or mixed, and all suits in equity, be d emed citizens of the States in 
which they are respectively located; and ia such cases the circuit and district 
"Courts shall not have jurisdiction other than such as they would have in cases 
between individual citizens of the same State. 

The provisions of this section shall not hd held to affect the jurisdiction of 
the courts of the United States in cases commenced by the United Stat.s or 
by direction of any officer thereof, or cases for winding up the affairs of any 
such bank. 

Sec. 5. That nothing in this act shall be held, deemed, or construed to repeal 
'Or affect any jurisdiction or right mentioned either in sections six hundred and 
forty -one, rr in six hundied and forty-two, or in six hundred and forty-three, or 
in seven hundred and twenty 4wo, or in title twenty-four of the Revised Statutes 
♦of the United States, or mentioned in section eight of the act of Congress of 
.-which this act is an amendment, or in the act of Congress approved March first» 



200 

eighteen hundred and seventy five, entitled "An act to protect all citizens in 
their civil or legal lights." 

Sec. 6. That the last paragraph of stction five of the act of Congress ap- 
proved March third, eighteen hundred and seventy-five, entitled " An act to de- 
termine the jurisdiction of circuit courts of the United States, and to regulate 
the removal of causes from State court-, and for other purposes," and section six 
hundred and forty of the Revised Statutes, and all laws and parts of laws in 
conflict witd the provisions of this act, be, and the same are hereby repealed: 
Provided, That this act shall not affect the jurisdiction over or disposition of any 
suit removed from the court of any State, or suit commenced in any court of 
the United States, before the pas'sage hereof except as otherwise expressly pro- 
vided in this act. 

Sec. 7. That no person related to any justice cr judge of any court of the- 
United States by affinity 'or ( onsanguinity, within the degree of fiist cousin,, 
shall hereafter be appointed by such court or judge to, or employed by such 
court or judge in any office or duty in any court of which such justice or judge 
may be a member. 

Approved, March 3, 1887. 

[Public— No. 145.] 

AX ACT to provide for the bringing oi SDits against the Governmeiit of the United 

States. 

Be it enacted hy tTie Senate and House of Eepresentatkes of the United States of 
America in Cong ess ass mUed, That the Court of Claims SLall have jurisdicticn 
to hear and determine the followinL' matters. 

First. All claims founded upc n the Constitution of the United States or any 
law of Congress, except for pensions, or upon any regulation of an Execut ve 
Department, or upon any contract, express or implied, with the Government of 
the United States, or for damage s, liquidateel or unliquidated, in cases not sound- 
ing in tort, in respect of which claims the pirty would be entitled to redress 
against the Uniied States either in a court of law, equity, or admiralty if the 
United States were suable: Provid d, hoicever, That nothing in ihis section shall 
be construed as giving to either of the couits herein mentioned, jurisdiction to 
hear and determine claims growing cut of the late civil war, and commonly 
known as "war claims," er to hear and determine other claims, which *have 
heretofore been rejected, or reported on adversely by any couit, Department, or 
commission authorized to hear and determine the same 

Second. All set-offs, counter-claim?, dims for dfimages, whether liquidated 
or unliquidated, or other demands whatsoever on the pirt of the Governm.nt 
of the United States against any claimant against the Government in said court: 
Provided, That no suit against the Government of the Uniied States shall b3 al- 
lowed under this act unless the same shall hcive been brought within six years 
after the right accrued for which the claim is made. 

Sec. 3. That the distdct courts of the United States shall have concurrent 
jurisdiction with the Court of Claims as to all matters named in the preceding 
section where the amount of the claim does not exceed one t'lousand dollars,, 
and the circuit courts of tbe United States shall have such concurrent juris- 
diction in all cases where the amount of such claim exceeds one thousand dol- 
lars and does not exceed ten thousand dollars. All causes brought and tried 
under the provisions of ihis act shall be tried by the court without a jury. 

Sec. 3. That whenever any person shall present his petition to the Court of 
Claims alleging that he is or has been ind-bted to the United States as an officer 
or agent thereof, or by virtue of any contract therewith, or that he is the guar- 
antor, or surety, or personal representative of any offl'^er, or agent, or contractor 
so indebted, or that he, or the person for whom he is such surety, guarantor, 
or personal representative has held any office or agency under the United Spates, 
or entered into any contract therewith, under which it may be or has been 
claimed that an indebtedness to the United States has arisen and exists, aad 
that he or the person he represents has applied to the proper Department of 
the Government requesting that the account of such office, age cy, or indebt- 
edness may be adjusted and settled, and that three years have elapsed from the 
date of such application and said account still remains unsettled and unad- 
justed, and that no suit upon the same has been brought by the United States, 
said court shall, due notice first being given to the head of said Department 



201 

and to the Attorney-General of the United States, proceed to hear the parties 
and to ascertain the amount, if any, due the United States on said account. 
The Attorney- General shall represent the United States at the hearing of said 
cause. The court may postpone the same from time to time whenever justice 
shall require. The judgment of said court or of the Supreme Court of the 
United Spates, to which an appeal shall lie, as in other cases, as to the amount 
due, shall be iDinding and conclusive upon the parties. The payment of such 
amount so found due by the court shall discharge such obligation. An action 
shall accrue to the United States against such principal, or surety, or represent- 
ative to recover the amount so found due, which may be brought at any time 
within three years after the final judgment of said court. Unless suit shall be 
brought within said time, such claim and the claim on the original indebtedness 
shall be forever barred. 

Sec. 4. That the jurisdiction of the respective courts of the United States pro- 
ceeding under this act, including the right of exception and appeal, shall be 
governed by the law now in force, in so far as the same is applicable and not in- 
consistent with the provisions of this act; and the course of procedure shall be 
in accordance with the established rules of said respective courts, and of sach 
additions and modifications thereof as said courts may adopt. 

Sec. 5. That the plaintiff in any suit brought under the provisions of the sec- 
ond section of this act shall file a petition, duly verified with the clerk of the re- 
spective court having jurisdiction of the case, and in the district where the 
plaintiff resides. Such petition shall set forth the full name and residence of 
the plaintiff, the nature of his claim, and a succinct statement of the facts upon 
which the claim is based, the money or aay other thing claimed, or the damages 
sought to be recove.ed and praying the court for a judgment or decree upon the 
facts and law. 

Sec. 6. That the plaintiff shall cause a copy of his petition filed under the pre- 
ceding section to be served upon the district attorney of the United States in the 
district wher.in suit is brought, and shall mail a copy of the same, by registered 
letter, to the Attorney-General of the United States, and shall thereupon cause 
to be filed with the clerk of the court wherein suit is instituted an affidavit of 
such service and the mailing of such letter. It shall be the duty of the district 
attorne,' upon whom service of petition is made as aforesaid to appear and de- 
fend the interests of the Government in th3 suit, and within sixty days after the 
service of petition upon him, unless the time should be extended by order of 
the court made in the case to file a plea, answer, or demurrer on the part of the 
Governmenr, and to file a notice of any counter-claim, set-off, claim for damages, 
or other demani or defense whatsoever of the Government in the premises: 
Provided, That should the district attorney neglect or refuse to file the plea, an- 
swer, demurrer, or defense, as required, the plaintiff may proceed with the case 
under such rules as the court may adopt in the premises; but the plaintiff shall 
not have judgment or decree for his claim, or any part thereof, unless he shall 
establish the same by proof satisfactory to the court. 

Sec. 7. That it shall be the duty of the court to cause a written opinion to 
be fil.d ia the cau^e, setting forth the specific findings by the court of the 
facts therein and the conclusions of the court upon all qu stions of law in- 
volved in the case, and to render judgment thereon. If the suit be in equity 
or admiralty, the court shall proceed with the same according to the rules of 
such courts. 

Sec. 8. That in the trial of any suit brought under any of the provisions of 
this act, no person shall be excluded as a witness because he is a party to or in- 
terested in said suit; and any plaintiff or party in interest may be examined as a 
witness on the part of the Government. 

Section ten hundred and seventy-nine of the Revised Statutes is hereby re- 
pealed. The provisions of section ten hundred and eighty of the Revised Statutes 
shall apply to cases under this act. 

Sec. y. Th.it the plaintiff or the United States, in any suit brought under the 
provisions of this act shall have the same rights of appeal or writ of error as are 
now reserved in the statutes of the United States in that behalf made, and upon 
the conditions and limitations therein contained. The modes of procedure in 
claiming and perfecting an appeal or writ of error shall conform in all respects, 
and as near as may be, to the statutes and rules of court governing appea s and 
writs of error in like causes. 



202 

Sec. 10. That when the findings of fact and the law applicable thereto have 
been filed in any case as provided in section six of this act, and the judgment or 
decree is adverse to the Govrrnment, it shall be the duty of the district attorney 
to transmit to the Attorney-General of the United States certified copies of all 
the papers filed in the cause, with a transcript of the testimony tak< n the 
written findings of the court, and his written opinion as to the same; whereupon 
the Attorney-General shall determine and direct whether an appeal or w it of 
error shall betaken or not; and when so directed the district attorney shjll 
cause an appeal or writ of error to be perfected in accordance with the t rms 
of the statutes and rules of practice governing the same: Provided, That no 
appeal or writ of error shall be allowed after six months from the judgment or 
decree in such suit From the date of such final judgment or decree interest 
shall be computed thereon, at the rate nf four per centu'm per annum, until tlie 
time when an appropriation is made for the payment of the judgment or decree. 

Sec. 11. That the Attorney General shall report to Congress, and at the 
beginning of each session of Congress the suits under this act in which a final 
judgment or decree has been rendered giving the date of each, and a statement 
of the costs taxed in each case. 

Sec. 12. That when any claim or matter may be pending in any of the Ex- 
ecutive Departments which involves controverted questions of fact or law, the 
head of such Department, with the consent of the claimant, may transmit the 
same with tbe vouchers, papers, proofs, and documents pertaining thereto, to 
said Court of Claims, and the same shall be there pr ceede I in under such rules 
as the court may adopt. When the facts and conclusions uf law shall have 
been found, the court shall report its fin '.ings to the Department by which it 
WI.S transmitted. 

Sec. 13, That in every case which shall come before the Court of Claims, or 
is now pending therein, under the provisions of an act entitled ''An act to 
afford assistance and reli* f to Congress and the Executive Departments in the 
investigation of cla^ms and demands against the Government," af)prov. d March 
third, eiihteen hundred and eighty-three, if it sh ill appear to tbe satisfact'on 
of the court, upon the facts established, that it has jurisdiction to render judg- 
ment or decree thereon under existing laws or under the provisions of this act, 
it shall proceed to do so, giving to either party such further opportunity for 
hearing as in its judgment justice shall require, and report its proceedings th^.re- 
in to either House of Congress or to the Depaitment by wh ch ihe same was 
referred to said couit. 

Sec, 14. That whenever any Mil, except for a pension, shall b: pending in 
either House of Congress providing for the payment of a claim agaimt^the 
United States, legal or equitable, or for a grant, gift, or bounty to any person, 
the House in which such bill is pending may refer the same to the Court of 
Claims who shall proceed with the same in accordance with tbe provisions of the 
act approved March third, eighteen hundred and eighty-three, entitled an "Act to 
afford ass''stance and relief to Congress md the Executive Departments in the in- 
vestigation of claims and demands against the Government," and report to such 
Hou-e the facts in the ca e and the amount, where the same can be liquidated, in- 
cluding any facts bearing upon the question whether there has been delay or laches 
in presenting such claim or applying for such grant, gift, or bounty, and any 
facts bearing upon the question whether the bar of any statute of limitation 
should be removed or which shall be claimed to excuse the claimmt for not 
having resorted to any established legal remedy. 

Sec. 15. If the Government of the United States shall put in issue the right 
of the plaintiff to recover, the court may, in its discretion, allow costs to the 
prevailing party from the time of joining such issue. Such cos^s, however, 
shall include only what is actually incurred for witnesses, and for summoning 
the same, and fees paid to the clerk of the court. 

Sec. 16. That all laws and parts of laws inconsistent with this act are hereby 
repealed. 

Approved, March 3, 1887. 



203 

INTERSTATE COMMERCE. 

[Public— No. 41,] 

AN ACT to regulate commerce. 

Be it enacted hy the Senate and House of Representati'Des of the United States 
of Americain Congress assembled, That the provisions (f this act shall apply to 
any common carrier or carriers engaged in the transp rtaiion < f passengers or 
property wholly by railroad, or partly by railroad and partly by water when 
both are usfd, under a common control, managemen*-, or ar angement, for a 
continuous cariiage or shipment, from one St ife or Territory of the United 
States, or the District of Columbia, to any other ^tate or Territory of the United 
Stites, or the District of Columbia, or fr ->m any place in the United States to 
an adjacent foreign country, or from any place in the Uidted States through a 
foreigQ country to any ■ ther place in the 'United ^-'tates, and also to the transpor- 
tation in like manner of ] r'-perty shipped from any place in the United States 
to a foreign country and carried from such place to a port of trans-shipment, or 
sh-'pped from a foreign country to any place in the United States and carried to 
such place from a p'^rt of entry either in the United States or an adjacent for- 
eigi country: Provided, however. That the provisions of this act shcill cot apply 
to the transportaton of passengers or property, or to the r- ceiving, dv-livering, 
storage, or handling of property, wholly wiihin one ^tate, and not shipped to or 
from'a foreign country frooi or to any State or Territory as aforesaid. 

The term ''railroad " as used in this act shall include ail bridges and denies 
used or operated in connection with any railroad, and ulso all the road in use 
by an? c )rporation operating a railroad, whether owne 1 or operated under a 
contract, agreement, or lease; and the term "transportation" shall include all 
instrumentalities of shipment or carriage. 

All chaiges msde for any service rendered, or to be rendered, in the transpor- 
tat'on of passengers or property as aforesaid, or in connecti'"^n therewith, or for 
th'= receiving, delivering, storage, or handling of S'lch property, ^hall be reason- 
able and just: and every unjust and unreasonable charge for such service is 
prohibited and decl red to be unlawful. 

Sec. 2. That if any common carrier suHj; ct to the provisions . f this act shall 
directly fr indirectly, by any special rate, r>jbate, drawt^ack, or other device, 
charge, demand, collect,' or receive from any person or persurs a greater or less 
compensation for any service rendered, or t> be r nder d, in the trsn^-portation 
of passengers or propertv, subject to the provisions of this act, than it charges, 
df-mands, collects, or receives from any other person or pers-ns for doing for him 
or them a like ard contemroraneous f-ervice in the transportation ( f a like kind 
of traffic under substantially similar circumstances and conditions, such common 
carrier sha 1 i e deemed guilty of unjust dis rimina'ion, which -is hereby pr^i-hi- 
bit< d and declared to be unlawful. 

Sec. 3 That it shall 1 e unla^^ful for any common cairi'^-r subject to the pro- 
visions of this act t ^ make or give any undue or unreasonable prefcence or ad- 
vantage to ny particular pers^m, company, firm, corporation, or locality, or any 
particular description < f traffic, in any respect whatsoever, or to subject any par- 
ticular person, company, firm, corporation, or locality, or any pa ticular descrip- 
tion of traffic, to any undue or U' reasonable prejudice or disadvantage in any 
respect whatsoever. 

Every common carrier subject to the provisions of this act shall, according to 
"'^iieir respective powers, afford a'l reasonable, proper, and equal facilities forlthe 
interchange of traffic between their respective lines, and for the recdving, for- 
warding, and delivering of passengers and property to and from tbe'r several 
lines and those connecting therewith, and s'jal' not discriininate in their rates 
and charges between such connecting lines; but this shall not be construed as 
requiring any such common carrier to give the use of its tracts or tf rmiual facili- 
ties to another carrier engaged in like business. 

Sec. 4. Tha^ it shall be unlawful for any common carrier subject to the pro- 
visions of this act to charge or receive anv greater compensation in the aggre ate 
for the transportation of passengers or of like kin i of property, under substan- 
tially similar c'rcumstances and conditions, for a shorter t an for a longer dis- 
tance over the same line, in the same direction the shorter bei-'g included with- 



204: 

iv the longer dstance; Tut this shall not be constrned as authorizing any com- 
mon carrier withiu the terms of this act to charge and receive as great compen- 
sation for a shorter as for a longer distance: Providi^d, however, That upon appli- 
cation to the Commission appointed under the provisions of this ftct, such com- 
mon carriers may, in s ecia' cases, after investigation by the Commissi n, be au- 
thorized to charge less for longer than for shorter distance^ for the transporta- 
tion of passengers or property; and the Commission may from time to time pre- 
scribe the extent to which such designated common carrier may be relieved from 
the operation of this section of this act. 

Sec. 5. That it shall be unlawful for any common carrier subject to the pro- 
visions of this act to enter into any contract, agreement, or combination with any 
other common carrier or carriers for the pooling of freight^ of different and 
competing railroads, or to divide between them the aggrecrate or net proceeds 
of the earnmgs of sucH railroads, or any portion thereof; and in any case of an 
agreement for the pooling of freights as aforesaid, each day of its continuance 
shall be deemed a separate offense. 

Sec. 6. That every common carrier subject to the provision* of this act shall 
print and keep for public inspection schedules showing the rates and fares and 
charges for the transportation of passengers and property which any comm.on 
carrier has established and which are in force at the time upon its railroad, as 
defined by the first section of this act. The schedules pinted as af^^^esaid by 
any such common earlier shall plainly state the places iipot its rnilroa^^ Ve- 
tween which property and passengers will be carried and shall contain 
the classification of freight in force upon such railroad, and shall a"'so 
state separately the terminal charg s and any rules or regulations which in 
any wise change, affect, or determine a^y p ;rt or the agg^regnte of such 
aforesaid rates and fares and charge^. Such schedules shall b'e plninly printed 
in large type, of at least the size of ordinarv pica, and copies for the use of the 
public shall be kept in every d pot or station upon any such railroad, in such 
p'aces and in such form that they can be conveniently inspected. 

Any common canier subject to the provisions of this act recdving freisrht in 
the IJnited States to be carried through a foreign country to any place in the 
United States sball also in liue manner print anel keep for public inspection, at 
every depot where such freight is received for shipment, cchedules showing the 
through rates established and c-arged by such common carrier, to all points in 
the United States iDeyond the foeign country to which it accepts freight for 
shipment; and any freight shipped from the United Statx* through a foreign 
country into the United States, the through rate on which shall not have been 
made public as required by this act, shall before it is aelmitted into the United 
States from said foreign countrv, be subject to customs eluti^s as if said freight 
were of foreign production; and any law in C3nflict with this section is hereby 
repealed. 

No advance shall be made in the rates, fares, and charges which have been 
established and published as aforesaid by any common carrier in compliance 
with the rec[uirements of this section, except after ten days' public notice 
which shall plainly state the changes proposed to be made in the schedule then 
in force, and the time whea the increased rates, fares, or charges will go into 
effect; and the proposed changes shall be shown by printing new schedules, or 
shall be plainly indicated upon the schedules in force at the time and kept for 
public inspection. Reductions in such published rates, fares, or charges may 
be made without previous piblic notice; but whenever any such reduction is 
made, notice of the same shall immediately be publicly posttd and the changes 
made shall immediately be made public by printing n^-w schedules, or shall im^ 
mediately be plainly indicated upon the schedules at the time in force and kept 
for public inspection. 

And when any such common carrier shall have established and published its 
rates, fares, and charges in compliance with the provisions of this section, it 
shall be unlawful for such common carrier to charge, demanel, collect, or re- 
ceive from any person or persons a greater or less compensation for the trans- 
portation of passengers or property, or for any services in connection therewith, 
than is specified in such published schedule of rates, fares, and charges as may 
at the time be in force. 

Every common carrier subje3t to the provisions of this act shall file with the 
Commission hereinafter provided for copies of its schedules of rates, fares, 



205 



and charges which have been established and published in compli-^nce with 
the requirements of this section, and shall promptly notify said Commission of 
all changes made in the same. Every such common carrier shall also file witn 
said Commission copies of all contracts, agreements, or arrangements with other 
common carriers in relation to any tratfic affected by the provisions of this act 
to which it may be a party. And in cases where passengers and freight pass 
over continuous lines or routes operated by more than one common carrier, and 
the several common carriers operating such lines or routes establish joint tariffs 
of rates or fares or charges for such continuous lines or routes, copies of such 
joint taiiffs shall al o, in like manner, be filed with said Commission. Such 
joint rates, fares, and charges on such continuous lines so filed as aforesaid shall 
be made public by such common carriers when directed by said Commission, in 
so far as may, in the judgment of the Commission, be deemed practicable; and 
said Commission shall from t'me to time presciibe the measure of publicity 
which shall be given to such rates, fare?, and charges, or to such part of them 
as it may deem U practicable for such common carriers to publish, and the places 
in which they shall be published; but no common carrier party to any such 
joint tariff shall be liable for the failure of any other common carrier party 
there* o to observe and adhere to the rates, fares, or charges thus made and 
published. 

If any such common carrier shall neglect or refuse to file or publish its 
schedules or tariffs of rates, fares, or charges as provided in this section, or any 
part of the same, such common carrier shall, ia addition to other penalties here- 
in prescribed, be su' ject to a writ of mandamus, to be issued by any circuit 
court of the United States ia the judicial district wherein the principal office of 
said common carrier is situated or wherein such offense maybe committed, and 
if such common cirrier be a foreign corporatio :i, in the judicial circuit wherein 
such common carrier accepts trafiic and has an agent to perform such service, to 
compel compliance with the aforesaid provisions of this section; and such writ 
shall issu;.' in the name of the people of the United States, at the relation of the 
Comndssioners, appointed under the pr ^visions of this act; and failure to com- 
'()ly with its requirements sh-dl be puni hable as and for a contempt; and the 
said Comm'S>ioners, b.< complainants, may a'so apply, in any such circuit court 
of the United States, for a writ of injunction against such common cariier, to 
restrain such common carrier from receiving or transporting property among 
the several States and Territories of the United State-, or bet^Tcen the United 
States and adjacent foreign ccaiutries, or between ports of t anss'^ipment and of 
entry and the several States and Territories of the United States, as men ioned 
in the first section of t'ns act, until such common carrier shdl have complied 
with the aforesaid provisions of this sec ion of this act. 

Sec. 7. That it shall be uilawf ul for any common cariier subject to the pro- 
visions of this a< t to enter into any combination, contract, or agreement, ex- 
pressed or implied, to prevent, by change of time schedul , carriiige in different 
cars, or by othir means or devices, the carriage of freights from being continu- 
ous from the place of shijment -o the place of desdnation; and no break of 
bulk, stoppage, or intenuption made by such common carrier sh; 11 prevent the 
carriage of freights from l)eing ar d being treated as one continuous carriage from 
the place of shipment to ihe i^lace cf destination, unless ^uch break, stoppage, 
or interruption was made in good faith for some necessary purpose, ard with- 
out any intent to avoid or unnecessarily inteirupt such continuous carriage or 
to evade any of the provisions of this act. 

Sec. 8. That in case any common carrier subject to the provisions of this act 
shall do, cause to l:e done, or permit to be done any act, matter, or thing in this 
-act prohibited or declared to be unlawful, or shall omit to do any act, matter, or 
thing in this act required to be done, such common carrier shall be liabl ; to the 
person or persons injured thereby for the full amount of damages sustained in 
consequence of any such viola' ion of the provisions of this act, together with a 
reasonable counsel or attorney's fee, to be fixed by the court in every case of re- 
covery, which attorney's fee shall be taxed and collected as part of the costs in 
the case. 

Sec. 9. That any person or persons claiming to be damaged by any common 
c arrier subject to the provisions of this act may either make complaint to the 
Commission as hereinafter provided for, or may Isring suit in his or their own 
behalf for the recovery of the damages for which such common carrier may be 



206 

liable under the provisions of this act, in any district or circuit court of the Unit d 
States of compeient jurisd ction; but i^uch person cr persons shall not have the 
right to pursue both of such remedies, and must in each case elect which one 
of the two methods of procedure herein provided for he or they will adopt. In 
any such action brought for the rec very of damages, the court before which 
the same shall be pending may compel any director, officer, receiver, trust. e, 
or agent of the corporation or company defendant in such suit to attend, ap 
pear, and testi'y in such case, and may compel the production of the books nnd 
papers of such corporation or company party to any such suit; the claim that 
any such testimony or evidence may tend to criminate the person giving such 
evidence shall not excuse such witness from testifying, but such evidence or 
testimony shall not be used against such person on the trial of any criminal pro- 
ceeding. 

Sec, 10. That any common carrier subject to the p^ ovisions of this act, or, 
whenever such common carrier is a corporation, any director or officer thereof, 
or any receiver, trus!e3, lessee, agent, or person acting for or employed by such 
corporation, who, alone or with any other corporation, company, person, or 
party, shall willfully do or cause to be done, or shall willingly suffer or permit 
to be done, any act, matter, or thing in this act prohibited or declared to be 
unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do 
any act, matter, or thing in this act lecjuired to be done, or shall cause or 
willingly suffer or permit any act, m..tttr, or thing so directed or required by 
this act to be done not to bs so done, or shall aid or abet any such omission or 
failure, or shall be guilty of any infraction of this act, or shall aid or abet there- 
in, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof 
in any district court of the United States within ihe juri. diction of which such 
offense was committed, be subject to a tine of not to exceed five thousand dollais 
for each offense. 

Sec. 11. That a Commission is hereby created and established to be known 
as the Inter-State Commercs Commission, which shall be composed of five Com- 
missioners, who shall be appointed by the Pre:i 'ent, by and with the advice and 
consent of the Senate. The Commissioners first appointed under this act shall 
continue in office for the term of two, three, four, five, and six years, respectively 
from the first day of January, anno Domini eighteen hundred and eighty-seven, 
the term of each to be designated by the President; but their successors shall 
be appointed for terms of six years; except that any person cbosen to fill a 
vacancy shall be appoin.ed only for the unexpired time of the Commissioner 
whom he shall succeed. Any Commissioner may be removed by the President 
for inefficiei;cy, neglect of duty, or malfeasance in office. Not more than t iree 
of the Commission'. rs shall be aiipointed from the same political party. No 
person in the employ of or holding any official relatioQ to any common carrier 
subject to the provisions of this act, or owLing stock or bDnds thereof, or who 
is in any manner pecuniarily interested t':erein, shall ent r upon the duties of 
or hold such office. S .id Commis ioner shall not engage in any other busine s, 
vocation, or employment. No vacancy in the Commission shall impair the right 
of the re2iaining Comm-issioners to exercise all the poweis of the Commissi n. 

Sec. 12. That the Commission hereby created shall have authority to inquire 
into the management of the business o:' all common carriers subject to the 
previsions of this ac% and sh.Jl keep itself informed as to the manner a-.d 
method in which the same is conducted, aod shall have the right to obtEiin from 
such common carriers full and complete informati )n neces ar}^ to enable the 
Commission to perform the duties and cany ouc the objtcts jor which it was 
created; and for the purposes of this act the Commission shall have power to 
recj[uire the attendance and tesiimony of witaesses and ihe production of all 
books, papers, ta.iffs, contracts, a2,reements, and documents relating to any 
matter under investigation, and to that end may invoke the ai.l of any court of 
the United States in requiring the attendance and testimony of witnesses and 
the production of books, papers, and documents under the provisions of this 
seciion. 

And any of the circuit courts of the United States within the jurisdiction of 
which such inciuiry is carried on may, in case of contumacy or ri.^fusal to ob3y 
a subpoena issued to any common carrier subj ct to th^; prv> visions of this act, 
or other person, issue an order requiring such cmimon carrier or othe- person to 
appear before said Cozimission (and pioiuce books ami papers it so ordered) and 



I 
207 

give evidence touchiDg tlie matter in question; and any failure to obey such order 
of tbe court D:;ay be punisbed by such court as a contempt thereof. The c'aim 
that any such testimony or evidence may tend to criminate the person giving 
such evidence shall not excuse Fuch witness from testifying; bat such evidence 
or testimony shall not be used against such person on the trial of any criminal 
proceeJing. 

Sec. 13. That any person, firm, corporation, or association, or any mercantil«^ 
agricultural, or manufaoturing society, or any body politic or municipal organi 
zution complaining of anything done or omitted to be done by any common carrier 
subject to the provisions of this act in contravention of the provisions thereof^ 
may apply to sa d Commission by petition, which shall briefly 'state the facts; 
whereupon a statement of tbe charges thus made shall be forwarded hy the 
ComrJssion to such coaamon carrier, who shall be called upon to satisfy the 
complaint or to answer tbe same in writing within a reisonable time, to be spejiHed 
by the Commission. If such common carrier, witliin the time specified, shall 
make rep; ration for the injury alleged to have be-.n done, said carrier shall be 
relieved of liability to the complaint only for the par? icuh.r violation of law 
thus complained of. If su( h ctirrier shall not satisfy the complaint within the 
time specified, or there shall appear to be any reasonable ground for investigat- 
ing said complaiat, it shall be the duty Oi the Commission to investigate the 
matt.rs complained of in such manner and by such means as it shall deem 
prop r. 

b'aid Commission shall n like mann-r investigate any complaint forwarded 
by the radroad commissioner or railroad f ommis^sion of any State or Territory, 
at the lecjuest of such commissioner cr commission, and may institute any in- 
quiry on its own m tion in the sume manner and to the same effect .s though 
complaint bad been made. 

No complaint shall at any time be dismissed because of the absence of direct 
d-msge to the complainant. 

Sec. 14. That whenever an investigation shall be m de by said Commission, 
it shall be its duty to make a report in writing in rtspect thereto, whit^h bhall 
Jnclude the find ngs of fact upon which the conclusions of the Commission are 
"based, together with its recommendation as to what reparation, if eny, should 
be made by the common carrier to ar.y part}'' or patties who may be found ta 
huve been injured; and such findings so made shall thereaft r, in all judicial 
proceedings, be deemed prima facie evidence as lo each and every fact found. 

All reports of investigations made by the Commiiisi n shaQ be entered of re- 
cord, ^nd a copy thereof shall be furnished to the party who may ha e com- 
pLaned, and to any common carrier^that may have been complained of. 

Sec l-*^. That if in any case in which an investigation shall be made by said 
CammissioQ it shall be made to appe >r to the satisfaction of the Commission, 
either by the t.stimonj' of witness, s or othf r evidence, that anything has been 
done or omitt- d to b3 done in viohition of the provisions of this act, or of any 
law cognizable by said Con.mi'-sion, by any com;!' on carrier, or ta&t any injury 
or damage has bvcn sustained by the party or parties complaining, or ly other 
parties aggrieve! in conseqoence of any such violation, it shall be the duty of 
the Commission to forthwith cause a copy of its leport in respect thereto to be 
delivered to such common carrier, together with a notice to said common carrier 
to cease and desist from such violation, or to make reparation for the injury so 
found to have been done, or both, within a reasonable time, to be specified b}' 
the Comn:i<sion; and if, within the time specified, it shall be made to appear to 
the Commission that such common carrier has ceased from such violation of 
law, and has made reparation for the injary found to have been done, in com- 
pliance wi h the report and notice of the Commission, or to the satisfaction of 
the party complaining, a statement to that effect shall be entered of record by 
the Commission, and the said common carrier shall thereupon be relieved from 
further liability or penalty for such particular violation of law. 

Sec. 16. That whenever any common carrier, as defined in and subject to the 
provisions of this act, shall violate or refuse or neglect to obev any lawful ord'-r 
<Y reciuirement of the f^ommission i i tais act namxl, it shall be the duty of the 
'ommission and lawful for any company or person interested in such order or 
equirement, to apply, in a summary way, by petition, to the circuit court of 
;he United States sitting in ecjuity in the judicial district in which the common 
carrier comp'ained of has its principal office, or in which the violation or dis- 



208 

obedience of such order or requirement shall happen, alleging such violation 
or disobedience, as the case may be; and the said court shall have power to hear 
and determine the matter, on such short notice to the common carrier com- 
plained of as the court shall deem reasonable; and such notice may be served 
on such common carrier, his or its officers, agents, or servants, in such manner 
as the court shall direct; and said court shall proceed to bear and determine the 
matter speedily as a court of equity, and without the formal pleadings and pro- 
ceedings applicable to ordinary suits in equity, but in such manner as to do 
justice in the premises; and to this end such court shall have power, if it think 
fit, to direct and prosecute, in such mode and by such persons as it may appoint, 
all such inquiries as the court may think needful to enable it to form a just 
judgment in the matter of such petition; and on such hearing the report of 
said Commission shall be prima facie evidence of the matters therein stated; 
and if it be made to appear to such court, on such hearing or on report of any 
such person or person?, that the lawful order or requirement of said Commission 
drawn in question has been violated or cisobeyed, it shall be lawful for such 
court to issue a writ of injunction or other proper process, mandatory or other- 
wise, to restrain such common carrier from further continuing such violation 
or disobedience of such order or requirement of said Commission, and enjoining 
obedience to the same; and in case of any disobedience of any such wiit of in- 
junction or other proper process, mandatory or otherwise, it shall be lawful for 
such court to issue writs of attachment, or any other process of said court inci- 
dent or applicable to writs of injunction or other proper process, mandatory or 
otherwise, against such common carrier, and if a corporation, against one or 
more of the directors, officers, or agents of the same, or against any owner, lessee, 
trustee, receiver, or other person failing to obey such writ of injunction or other 
proper process, mandatory or otherwise; and said court may, if it shall think 
fit, make an order directing such common carrier or other person so disobeying 
su( h writ of injuction or other proper process, mandatory or otherwise, to pay 
such sum of money not exceeding for each carrier or person in default the sum 
of five hundred dollars for every day after a day to be named in the order that 
such carrier or other person shall fail to obey such injunction or other proper 
process, mandatory or otherwise; and such moneys shall be payable as the court 
sh'dll direct, either to the party complaining, or into court to abide the ultimate 
decision of the court, or into tbe Treasury; and payment thereof may, without 
prejudice to any other mode of recovering the same, be enforced by attachrai.nt 
or order in the nature of a writ of execution, in like manner as if the same had 
been recovered by a final decree in personam in such court. When the subject 
in dispute shall be of the value of two thousand dollars or more, either party 
to such proceeding before said court may appeal to the Supreme Court of tue 
United states, under the same regulations now provided by law in res ect of 
security for such appeal; but such appeal shall not operate to stay or supercede 
the order of the court or the execution of any writ or process thereon; and such 
court may, in every such matter, order the payment of s ch costs and counsel 
fees as shall be deemed reasonable. Whenever any such petition shad be filed or 
presented by the Commis; ion it shall be the duty of the district attorney, under 
the direction of the Attorney General of the United States, to proseeute the 
same; and the costs and expenses of such prosecution shall be paid rut of the 
appropriation for the expenses of the courts < f the United States. For the pi r 
poses of this act, excepting its penal provisions, the circuit courts of the United 
States shall be deemed to be always in session. 

Sec. 17. That the Commission may conduct its proceedings in such maoxi'r 
as will best conduce to the proper dispatch of business and to the ends of justice. 
A majority of the Commission shall constitute a quorum for the transaction of 
business, but no Commissioner shall participate in any hearing or proceeding 
in which he has any pecuniary Interest. Said Commission may, from time to 
time, make or amend such general rules or orders as may be requisite for th" 
order and regulation of proceedings before it, including forms of notices arid 
the service thereof, which shall conform, as nearly as may be, to those in use in 
the courts of the United States. Any party may appear before said Commission 
and be heard, in person or by attorney. Every vote and ofcI.-^ial act of the Com- 
mission shall be entered of record, and its proceedings shall be public upon the 
request of either party interested. Said Commission shall have an official seal, 



209 

which shall be judicially noticed. Either of the members of the Commission 
may administer oaths and affirmations. 

Sec. 18. That each Commissioner shall receive an annual salary of seven 
thousand five hundred dollars, payable in the same manner as the salary of 
judges of the courts of the United States. The Commission shall appoint a sec- 
retary, who shall receive an annual salary of three thousand five hundred dol- 
lars, payaLle in like manner. The Commission shall have authority to employ 
and fix the compensation of such other employees as it may find necessary to the 
proper peifo.mance of its duties, subject to the approval of the Secratary of 
the Interior. 

The Commission shall be furnished by the Secretary of the Interior with suit- 
able offices and all necessary office supplies. Witnesses summoned before the 
Commission shall be paid the same fees and mileage that are paid witnesses in 
the courts of the United States. 

All nf the expenses of the Commission, including all necessary expenses for 
transportation incurred by the Commissioners, or by their employees under 
their orders, in making any investigation in any other places than in the city of 
Washington, sLail be aVowed and paid, on the presentation of itemized vouch- 
ers therefor approved by the chairman of the Commission and the Secretary ©f 
the Interior. 

Sec. 19. That the principal office of the Commission shall be in the city of 
Washington, where its general sessions shall be held; but whenever the conve- 
nience of the public or of the parties may be promoted or delay or expense pre- 
vented thereby, the Commission may hold special sessions in any part of the 
United States. It may, by one or more of the Commissioners, prosecute any 
inquiry necessary to its duties, in any part of the United States, into any matter 
or question of fact pertaining to the business of any common carrier subject to 
the provisions of this act. 

Sec. 20. That the commission is hereby authorized to require annual reports 
from all common carriers subject to the provisions of this act, to fix the time 
and prescribe ihe manner in which such reports shall be made, and to require 
from such carriers specific answers to all questions upon which the Commission 
mav need iiiformation. Such annual reports shall show in detail the amount of 
capitLil stock issued, the amounts paid therefor, and the manner of payment for 
the same; the dividends p lid, the surplus fund, if any, and tbe number of stock- 
holders; the funded and floating debts and the interest paid thereon; the cost 
and value of the carrier's property, franchise;-, and equipment; the number of 
employees and the salaries paid each class; the amounts expended for im- 
provements each year, how expended, and the charac'er of such improve- 
ment; the earnings and receipts from each branch of business and from all 
sources; the operating and other expenses; the balances of profit and loss; and 
a complete exhibit of the financial operations of the carrier each year, including 
an annual balance sheet. Such reports shall also contain such information in 
relation to rales or regulations concerning fares or freights, or agreements, ar- 
rangtments, or contracts with other common carriers, as the Commission may 
require; and the said Commission may, within its discretion, for the purpose of 
en bling it the better to carry out tbe purpose of this act, prescribe (if in the 
opinion of the ' ommission it is practicable to proscribe such uniformity and 
m( t'lods of keeping accounts) a period of time within which all common carriers 
subject to the provisions of this act shall have, as nettr as may be, a uniform 
system of accounts, and the manner in wh'ch such accounts sball be kept. 

Sec. 21. That the Commission shall, on or before the first day of December 
in each year, make a report to the Secretary of tbe Interior, which shall be by 
"him transmitted to Congress, and c^^pies ol which shall be distributed as are 
Ihe other reports is^ut-d from the Interior Depjirtment. This report shall con- 
tain sucb information and data collected by tbe Commission as may be con- 
sid red of value in the determination ot^^ questions connected with the re2n_ 
lation of commerce, together with .'uch recommendations as to additional legis- 
lati n relating thereto as the Commission may deem necessa'y. 

Sec 22. That nothing in this act shall apply to the carriage, storage, or 
han.iling of property free or at reduced rates for the United btates, State, or 
nn,n cipal governments, or for charitable purposes, or to or from fairs and ex- 
positions for exhibition thereat, or the issuance of mileage, excursions, or com- 
mutation passenger tickets; no hing in this act shall be construed to prohibit 
w G w 14 



210 

any common carrier from giving reduced rates to ministers of religion; nothing 
in this act shaU be construed to prevent railroads from giving free carriage to 
their own officers and employees, or to prevent the principal officers of any rail- 
road company or companies from exchanging passes or tickets with other rail- 
road companies for their officers and employees; and nothing in this act con- 
tained shall in any way abridge or alter the remedies now existing at common 
law or by statute, but the provisions of this act are in addition to such 
remedies. Provided, That no pending litigation shall in any way be affected 
by this act. 

Sec. 23. That the sum of one hundred thousand dollars is hereby appropri- 
ated for the use and purposes of this act for the fiscal year ending June thirtieth, 
anno Domini eighteen hundred and eighty-eight, and the intervening time 
anterior thereto. 

Sec. 24. That the provisions of sections eleven and eighteen of this act. re- 
lating to the appointment and organizai ion of the Commission herein provided 
for, shall take effect immediately, and the remaining provisions of this act shall 
take effect sixty days after its passage. 

Approved, February 4, 1887. 



INTERSTATE COMMERCE COMMISSION 



SECTIONS 13 AND 17 OF AN ACT TO REGULATE COMMERCE. 
(Approved February 4, 1887.) 

Sec. 13. That any person, firm, corporation, or association, or ary mercantile, 
agricultural, or manufacturing society, or any body politic or municipal organi- 
zation complaining of anything done or omitted to be done by any common car- 
rier subject to the provisions of this act in contravention of the provisions 
thereof, may apply to said Commission by petition, which shall briefly st)te the 
facts; whereupon a statement of the charges thus made shall be forwarded by 
the Commission to such common carrier, who shall be called upon to satisfy the 
complaint or to answer the same in writing within areasonable time, to be speci- 
fied by the Commission. If such common carrier, within the time specified, 
shall ma e reparation for the injury alleged to have been done, said rarrier sball 
be relieved of liability to the complainant only for the particular violatiOQ of 
law tlus complained of. If such carrier shall not satisfy the complaint within 
the time specified, c r there shall appear to be any reasonable ground for inves- 
tigating said complaint, it shall be the duty of the Commission to investigate 
the matters complained of in such manner and by such means as it shall deem 
proper. 

Said Commission shall in like manner investigate any complaint forwarded by 
the railroad commissioner or raiiroad commission of any State or Territory, at 
the request of such commissioner or commission, and may institute any inquiry 
on its own motion in the same manner and to the same effect as though com- 
plaint had been made. 

No complaint shall at any time be dismissed because of the absence of direct 
damage to the complainant. 

Sec. 17. That the Commission may conduct its proceedings in such manne^ 
a Will best conduce to the proper dispatch of business and to the ends of justice- 
A majority of the Commission shall constitute a quorum for the transaction of 
business, but no Commissioner shall participate in any hearing or proceeding in 
which he has any pecuniary interest. Said Commission may, from time to time, 
make or amend such general rules or orders as may be requisite for the order 
and regulation of proceedings befor3 it, including forms of notices and the ser- 
vice thereof, which shall conform, a^ nearly as may b % to those in use in the 
courts of the United Sta es. Any party may appear before the said Commission 
and be heard, in person or by attorney. ^ Every 'vote and oflicial act of the Com- 
mission shall be en ered of record, and its proceedings shall be public upon the 
request of either party interested. Said Commission shall have an official seal, 
which shall be judicially noticed. Either of the members of the Commission 
may administer oaths and affirmations. 

RULES OF PRACTICE IN CASES AND PROCEEDINGS BEFORE 
TOE COMMISSION. 

PUBLIC SESSIONS. 

I. When at Washington the Commission will hold its general sessions at 11 
o'clock a. m. daily, except Saturdays and Sundays, for the reception and hear- 
ing of petitions and complaints, and the transaction of such other business as 
may be brought before it. The sessions will be held at the office of the Corn- 
mis ion in the Sun Building, No. 1315 F street northwest. When special ses 
sions are held at otiier places such regulations as may be necessary will be maJe 
by the Commission. 

211 



212 

PETITIONS UNDER SECTION 4. 

II. Applications under the fourth section of the act for authority to charge 
less for longer than for shorter distances for the transportation of passengers or 
property, must be made by petition addressed to the Commission by the carrier 
or carriers desiring the relief . The petiti n must state with particularity the 
extent of the relief desired and the points at and between which authority is 
asked to charge less for longer distances; the reasons for the relief sought must 
also be set fo.th, and the facts upoh which the aoplication is founded. "The pe- 
tition must be verified by some officer or ag'.nt of the carrier in whose behalf it 
is presented, to the effect that the allegations of the petition are true to the 
knowledge or belief of the affiant. Notice must be published by a petitioner 
in not less than two newspapers along tLe line of the road having general cir- 
culation, for at least ten days prior to the presentation of a petition, stating 
briefly the nature of the relief intended to be applied for and the time when the 
application will be presenteil, and prof of each publication must be filed with 
the petition. 

III. Upon the presentation of a petition for relief an investigation will be 
made by the Commission at a time and place to be designated, when testimony 
will be received for and against the prayer of the p tition. After investigation 
the Commission will make tuch order as may appear to be just and appropriate 
upon the facts and circumstances of the case. 

COMPLAINTS UNDER SECTION 13. 

IV. Complaints under section 13 cf the act of anything done or omitted to be 
done by any common carrier subject to the provisions of the act, in contraven 
tion of the provisions ther.ot, must be made by petition, which must briefly 
state the facts which are claimed to consiitute a violation of the act, and must 
be verified by the petitioner, or by some offlc.r or agent of the corporation, so 
ciety, or other bo ly or organizatiun making the complaint, to the effect that the 
allegations of the petition are true to the knowledge or belief of the affiant. 

The complainant must furnish as many written or printed copies of the com- 
plaint or petition as there may be parties complained against to be served. 
When a complaint is made, the name of the carrier complained against must be 
set forth in full, and the address of the petitioner, and the name and address of 
his attorney or counsel, if any, must be indorsed upon the complaint. 

The Commission will cause a copy of the complaint to be served upon each 
common carrier complained against, by mail or personally, in its discretion, 
with notice to the cariier or carriers to satisfy the complaint or to answer the same 
in writing within the time specified. 

ANSWERS. 

V. A carrier complained against must answer the complaint made within 
twenty days from the date of the notice, unless the Commission shall in parti- 
cular cases prescribe a short -r time for the answer to be served, and in such 
cases the answer must be made within the time prescribed. Tie (original 
answer must be filed with the Commission, at its office in Washington, hnd a 
copy thereof must at the same time be served upon the complainant by the party 
answering, personally or by mail. The answer must admit or deny the material 
allegations of fact contained in the complaint, and may set forth any ad'iitional 
facts claimed to be material to the issue. The answer must be verified in the 
same manner as the complaint. If a carrier complained against shall make satis- 
faction before answering, a written acknowledgment of satisfaction must, be filed 
with the Commission, and in that case the fact of satisfaction without other 
matter may be set forth in the answer filed and served on the complainant. If 
satisfaction be made after the filing and service of an answer, a supplemental 
answer settijg forth the fact of satisfaction may be filed and served. 

VI. If a carrier complained against shall deem the complaint insufficient to 
show a breach of legal duty, it may, instead of filing an answer, serve on the 
complainant notice for a hearing otthe case on the complaint, and in case of 
the service of such notice, the facts stated in the complaint will be taken as 



213 

admitted. The filing of an answer will not be deemed an admission of the 
sufBciency of the complaint, bat a motion to dismiss for insufficiency may be- 
made at the hearing. 

ADJOUKNMENTS AND EXTENSIONS OP TIME. 

VII. Adjournments and extensions of time may be granted upon the applicai- 
tion of parties in the discretion of the Commission. 

HEARINGS. 

VIII. Upon issue being joined by the service of answer, the Commission, upon 
request of either party, wi 1 assign a time and piece for hearing the same, which 
will be at its offic-;^ in Washiogton unless otherwise ordered. "Witnesses will be 
examined orally before the Commission exce,:t in cases when special orders are 
made for the taking of testimony otherwise. The petitioner or complainant 
.must in all cases prove the existence of the facts alleged to constitute a violation 
of the act, unless tho carrier complained of shall admit the same, or shall fail 
to answer th:; complaint. Facts alleged in the anwser must also be proved by 
the carrier, unless admitted by the petitioner on the hearing. 

In case of failure to answer, the Commission will take such proof of the 
charge as may be deemed reasonable and proper, and make such order thereon 
as the circumstances of the case appear to require. 

WITNESSES AND DEPOSITIONS. 

IX. Subpoenas requiring the attendance of witnesses will be issued by any 
member of tbe Commission in all cases and proceedings before it, and witnesses 
will be required to obey the subpoenas served upon them requiring their at- 
tendance or the production of any books, papers, tariffs, contracts, agreements, 
or dojuments relating to any matter under investigation or pending before the 
Commission. 

Upon application to the Commission authority may be given, in the discretion 
of the Commission, to any party to take the deposition of any witnesses who 
may be shown, for some sufficient reason, to be unable to attend in person. 

AMENDMENTS. 

X. Upon application by any petitioner or party amendments may be allowed 
by the Commission, in its discretion, to any petition, answer, or other pleading 
in any proceeding before the Commission. 

COPIES. 

XI. Copies of any petition, complaint, or answer, in any matter or proceeding 
before the Commission, or of any order, decision, or opinion by the Commission, 
will be furnished upon application by any person or carrier desiring the same, 
upon payment of tne expense thereof. 

AFFIDAVITS. 

XII. Affidavits to a petition, complaint, or answer may be taken before any 
officer of the United States, or of any State or Territory, authorized to administer 
oaths. 



CIRCULAR. 



RULES AND REGULATIONS PRESCRIBED TO CARRY INTO EFFECT 
THE ACT OF CONGRESS OP APRIL 23, 1886, AUTHORIZING THE 
SECRETARY OF THE TREASURY TO DELIVER TO THE RIGHT- 
FUL OWNERS THE CONTENTS OF CERTAIN B^ XES DEPOSITED 
IN THE TREASURY DEPARTMENT BY THE SECRETARY OF 
WAR. 



(1886.— Depaktment Na 58.) 



Treasury Department, 

Office op the Secretary, 

Washington, B. C, May 15, 1886. 

Pursuant to the provisions of an act of Congress, entitled "An Act authoriz- 
ing the Secretary of the Treasury to deliver to the rightful owners the contents 
of certain boxes depositel in the Treasury Department by the Secretary of 
War," approved April 32, 1866, the following rules and regulations are pre- 
scribed for the guidance of claimants under said act to the properly therein 
named, as follows: 

1. The claimant must show to the satisfaction of the Secretary of the Treas- 
ury, by the affidavits of two or more credible persons, that he, or the person 
whom he represents, was at tlie time such property was captured by the United 
States Army the absolute owner thereof. 

2. The claimant must in like manner fully identify the property claimed as 
the property so captured and taken from him. 

3. If the claimant stands in a repiesentative capacity, he must establish his 
right to act in such capacity, by such documentary proofs threof as would be 
accepted as evidence in a court of record. 

4. The affidavits mentioned in the precedin^^ subdivisions may be m::de be- 
fore any judge of a district or circuit court of the United States, or before any 
commissioner of either of said courts, and such judge or commissioner shall 
certify that he knows the affiants, and that they are credible persons. Such 
affidavits shall particularly describe the articles claimed, and shall state the time, 
place, and circumstances under which the same weie captured, and shall give 
the value, as near as may be, of such articles. In all cases the proofs must be 
as full and clear as it is p ~>ssible to make them . 

5. Upon the receipt of su h affidavits, the Secretary of the Treasury may, in 
Jiis discretion, designate one or more newspapers in which the claimant must 
publish, for at least two consecutive weeks, at his own proper costs and charges, 
a notice of the making of such claim, which said notice shall describe with 
reasonable c rtainty the articles claimed, proof of which said publication, by 
the affidavit of the editor or publisher of such newspaper, shall be filed by the 
claimant wih the Secretary of the Treasury before any action on the claim will 
be taken by him. 

6. The Secretary of the Treasury, in his discretion, may require of the claim- 
ant an indemnifying bond, in not less than the value of the property claimed, 
conditioned to save harmless the United States from any claim arising from the 
delivery to the cloimant of the property claimed by him. 

214 



215 

All of tlie articles mentioned in said act which may remain in the United 
States Treasury one year after the passage thereof , will be advertised in not less 
than six newspapers, to be selected by the Secretary of the Treasury; and all of 
said articles which may remain in said Treasury for two years after the passage 
of said act will be duly advertised and sold at public auction under such rules 
and regulations as may be hereafter prescribed, and the net proceeds thereof 
^ill be covered into the Treasury. 

C. S. FAIRCHILD, 
Acting Secretary of the Treasury. 



MISCELLANEOUS, 



FOURTH OF JULY CLAIMS. 

These claims are so called from the act of July 4, 1864, which 
provided for paying for all stores and supplies furnished the 
army in States not in rebellion. The time for making them ex- 
pired in January 1880, but Congress may, in certain circumstances, 
allow special cases by private act. 

OLD SOUTHERN CLAIMS. 

There was just dissatisfaction with the findings of the^^Southern 
Claims Commission " for their manifest prejudice and injustice 
in refusing the allowance of so many honest claims of this class. 
The time for filing such claims has expired; but Congress, of 
course, by general or special legislation, may yet do just.ce. 

THE REFUND OF ILLEGALLY COLLECTED TAXES. 

At the first session of the 49th Congress an appropriation was 
made of over $50,000 to refund such taxes allowed by the Comp- 
troller. 

BACK INTEREST ON BONDS. 

When U. S. bonds have been transferred, there are many 
cases where there was accrued interest belonging to the seller ,and 
which did not pass to the purchaser. This can be recovered by 
proper proceedings. 

216 



EXTRADITION. 



In any State or Territory it may become necessary to sur- 
render some fugitive from justice on demand of a foreign 
country, or to send to some foreign country for a fugitive from 
justice here. This is done through the Department of State at 
Washington, in pursuance of certain treaties. Among the stand- 
ing provisions of law are the following: 

When there is a trealy for this purpose with any foreign government, any 
Federal or State judge, or United btates commissioner, may, upon a complaint 
under oath, issue a warrant for the arrest of any person charged with the com- 
mission in such foreign country of any of the crimes specified in the treaty. If, 
upon a hearing, he considers the evidence sufficient to sustain the charge, he 
is to certify the same, together with a copy of all the testimony taken before 
him, to the {Secretary of State, that a warrant may issue for the surrender of 
such person. In the mean time he is to commit the accused to the proper jail, 
to await the requisition. (Kev. Stats. Sec. 5370.) 

In every hearing upon the return of the warrant of arrest, any depositions, 
warrants, or other papers offered in evidence in the foreign country shall be ad- 
mitte 1 and received, if authenticated so as to entitle them to be received by the 
tribunals of the foreign country from which the accused escaped, and copies of 
such papers shall be likewise received, if authenticated according to the law of 
the foreign couctry. The certificate of the principal diplomatic or consular of- 
ficer of the United States in such foreign country shall be proof that any paper 
or copy is authenticated as a' ove required. (Sec. 5371. Act of June 10, 1876.) 

Upon satisfactory papers, the Secretary of State issues a warrant for the de- 
livery of tbe prisoner to the person authorized by the foreign government to re- 
ceive him in custody, and the prisoner is then subject to be conveyed out of the 
United States to the foreign country under the sime provisions of law as are 
applicable to the custody of persons accused of offenses against the laws of the 
United States. (Sec. 5272.) 

If the person committed on preliminary hearing, is not delivered upon requisi- 
tion and conveyed out of the United States within two calendar months Xh.QrQ- 
after, (escluFive of the time require! to convey the prisoner out of the United 
States by the readiest way), any Federal or State judge, upon application, and 
proof of due notice thereof to the Secretary of State, may, unless sufficient 
cause is shown to the contrary, order the prisoner released. (Sec. 5273.) 

Note.— The foregoing indicatessubstantially what will he required by foreign countries 
when the «r are asked to return, (under treaties), fugitives from the United States. The 
indictment, sworn complaint and warrantor information, and other papers should he 
carefully made out and fully authenticated at Washington, or the expense of the costly 
process of extradition (which is wholly paid by the State, Territory, or nation applying 
for the same), will be thrown away. By ihe comity of nai ions, fugitives are often ar- 
rested on a request by telegraph from the proper authorities, and held to await the ar- 
rival of extradition papers a d agents. 

When a person is brought back to the United States under extradition treaty, the Pres- 
ident is authorized to tate all necessary measures for the safe keeping and protection of 
such person from lawless violence until finally discharged from custody, and for areason- 
able time thereafter. (S^c, 5375, The agent having custody of such surrendered person 
has the powers of a United States marshal in all the districts through which he neces- 
sarily passes T^rith his prisoner. (Sec. 5376,) Any person obstructing him or attempting 
to rescue the prisoner, may be fined 81,000 and imprisoned for a year, (Sec. 5377). 

Extradition, as between Staes or Territories of the Union, is managed through the irre- 
spective "executive authorities." (Sec. 5278.) That is to say, the governors, except in the 
case of the District of Columbia, where the chief justice of the Supreme Court of the 
District, or ti e senior associa" e justice present, acts as the "executive," This does not 
prevent such justice from acting in his judicial capacity on the same qase, so that it may 
happen he will, as executive, order the arrest of the accused and then quash this order 
upon writ of habeas corpus heard before him. 

217 



THE SECRET SERVICE. 



The Secret Service Division of the Treasury Department was 
organized, as it now exists, in 1864. It is under the absokite 
control of the Secretary, and is supported by an appropriation 
under the civil service bill of $60,000 per annum. The territory 
of the United States is divided into districts of one or more 
States or Territores, over each of which is placed an agent, all 
of whom are subordinate to the Chief of the Secret Service Di- 
vision. 

Over and above these agents is a force of detectives who are 
assigned to duty wherever their service may be required. Tney 
are skilled and experienced men and know how to work in secret 
and keep a secret. Their principal work is detecting counter- 
feiters of the U. S. notes, bonds, securities or coins; and frauds 
on the revenue, particularly in the liquor business. Not uufre- 
quently they gain the confidence of the counterfeiters and 
" crooked " liquor men for the necessary and useful purposes of 
discovering their names, their whereabouts and their operations 

In former years the field of these detectives was much wider 
than it now is; for it then embraced all misdemeanors and felon- 
ies cognizible under the laws of the United States. 

There are a multitude of miscellaneous cases in which these 
detectives are employed. Sometimes they are put on the track 
of a suspected party, and sometimes upon the track of a suspected 
crime, and are expected to ferret out the truth in all cases. 

These secret detectives are a terror to evil doers; but they 
must be men of nerve, pret-ence of mind in danger, approved 
courage, ready with their weapons when occasion calls, and men 
of discretion and silence. 

Their services are secured in any particular place by the requisi- 
tion of the U. S District Attorney through the proper channels, 
or they may be dispatched in the first instance by the Secretary. 

218 



PASSPORTS. 



HOW THEY ARE TO BE OBTAINED — THEIR EFFECT. 

The Revised Statutes of the United States provides: 

Sec. 4075. The Secretary of State may grant and issue pass- 
ports, and cause passports to be granted, issued and verified in 
foreign countries by such diplomatic or consular officers of the 
United States; and no other person shall grant, issue, or verify 
any such passport. Where a legation ot the United States is es- 
tablished in any country, no person other than the diplomatic 
representative of the United States at such place shall be per- 
mitted to grant or issue anypasspori; except in the absence there- 
from of such representative. 

Sec. 4076. No passport shall be granted or issued to or verified 
for any other person than citizens of the United States. 

Sec. 4062. Every person who violates any safe conduct or pass- 
port duly obtained and issued under authority of the United 
States; or who assults, strikes, wounds, imprisons, or in any o her 
manner ofl'ers violence to the person of the public minister, in 
violation of the law of nations, shall be imprisoned for not more 
than three years, and fined, at the discretion of the court. 

Be it enacted etc. That from and after the first day of July next, 
a fee of five dollars shall be collected for each citizen's passport 
issued from the Department. An account of these fees shall be 
kept, and the amount collected shall be paid into the Treasury 
of the United States, at least, quarterly. Act of June 20, 1874. 
18 Stat. L. 86. 

Note.— A measure is pending In Con^fresa which will redu<5e the above fee to ons 
dollar. 

219 



THE DEPARTMENT OF AGRICULTURE. 



THE COMMISSIONER OF AGRICULTURE. 

The Commissioner of Agriculture is required to collect and diffuse useful in- 
formation on subjects connected with agriculture. He is to acquire and preserve 
in his oflBce all information he can obtain concerning agriculture by means of 
book^ and correspondence, an:l by practical and scientific experiments, the col- 
lection of statistics, and other appropriate means; to collect new and valuable 
seeds and plants; to lei^rn by actual cultivation such of them as may require 
such tests; to propagate such as maybe worthy of propai^ation, and to distribute 
them among agriculturists. 

The Statistician. — He collects reliable information as to the condition, pros- 
pects, and results of the cereal, cotton, and other crops, by the instrumentality 
of four correspondents in each county of every State; this information is t athered 
at stated periods of each month, carefully studied, estimated, tabulated, and 
published. 

The Entomologist. — He obtains information with regard to insects iojurious 
to vegetation; investigates the character of insects sent to him, to point out 
their modes of infliction and the means by which their depredations may be 
avoided; and arranges specimens of their injuries and nest architeC'Ure. 

The Botanist. — He receives botanical contributions, and after making desir- 
able selections for the National IJerbarium, distributes ihe duplicat'! plants 
among foreign and domestic scientific societies, institutions of learuing, and 
botanists; and answers ioquiries of botanico-agricultural character. 

The Chemist. — He makes analv^sc^ of natural fertilizers, vegetable products, 
and other materials which pertain to tbe interests of agriculture. Applications 
are constantly made from all p >rtions of the country lor the analysis of soils, 
minerals, liquids, and manures. 

The Micro^copist. — He makes original investigations, mostly relating to the 
habits of parasitic fungoid plaLts, which are frequently found on living plants 
and animals, producing sickiy growth and in many cases premature death. 

The Propagating GARDEN.-Large numbers of exotic, ut lizable, and econom- 
ic plants are propagated and distributed. The orange family is particularly 
valuable, and the best commercial varieties are propagated and di tributed to 
the greatest practicable extent. 

The Seed Division. — Seeds are purchased in this and foreign countries of 
reliable firms, whose guarantee of good quility and genuineness cannot be ques- 
tioned; they are packed at the Department, and distributed to applicants in all 
parts of the country. 

The Library. — Exchanges are made, by which the library receives reports 
of the leading agricultural, pomological, and meteorological societies of the 
world. 

The Bureau of Animal Industry. —Makes investigations as to the exist- 
ence of contagious pleuro-pneamonia and other dangerous, co nmunicable dis- 
eases of live stock, superintends the measures for the extirpati n, and makes 
original investigations as to the nature and prevention, of such diseases. Has 
charge of the quarantine stations for importe 1 neat cattle. Also iepor,& on the 
condition and m ans of improving th'j animal industries of tbe country. 

The Forestry Division. — Experiments, investigates, and reports'upon the 
subject of forestry, and distributes valuable economic tree seeds and plants, and 
answer^; inquiries in regard to desirable kinds for forest planting, their modes 
of propagation, and other forestry matter. 

The Ornithological Division. — Investigates the economic relations of 
birds and mammals, and recommends measures for the preservation of beneficial 
and destruction of injurious species. 

330 



THE [J. S. FISH COMMISSION. 



The object for which this Commission was created was tore- 
plenish the supply of fish in the inland waters and streams, and 
to furnish to private parties the kinds of fish which they could 
raise with the most profit. The Commission has a number of 
hatching houses located at convenient points, it has fish cars and 
fish boats, and in short, every facility which money can afitbrd, 
(for their appropriations arc large), to carry on their business. 
They have turned loose many millions of young fish into the 
rivers, and have successfully transplanted many varieties offish 
in waters where they were never known before. The central 
business oflace of the Commission is at Washington, D. C. They 
have salmon, white fish, carp, trout, bass, red-eyed perch, and 
many other kinds of the finny tribe, which are distributed gra- 
tuitously to individuals making proper application for them. 

231 



FRENCH SPOLIATION CLAIMS. 



Prior to July 31.1801, the French cruisers had committed 
great depredations upon American vessels In a subsequent treaty 
Y^ith France, the United States paid her debt to France with 
these claims, and assumed the obligation of paying them herself. 
After more than three quarters of a century, provision has at 
last been made for paying this just but long neglected debt. 
There were, in 1801, at a I'ough estimate, over 25,000 persons 
entitled to near $5,000,000. Their legal representatives are en- 
titled now. 



THE GOVERNMENT PRINTING OFFICE. 



This is the largest printing office in the world. There are 
nearly 2,400 people of both sexes employed in it. The employees 
are not under the Civil Service rules^ and all that is required of ap- 
plicants for places is, that they know their business. 

Ab'-uit 800 of this number are compositors, the remaining 
1,600 being stereotypers, pressmen, feeders, folders, cutters, stitch- 
ers, binders, porters, messengers, laborers, etc., etc In short, 
everything that is necessaiy to be done from a simple hand-bill 
to the most difficult and artistic work is done in this mammoth 
workshop. Wages of all the employees are high, and a printer who 
gets a "fat take"on a "table." can make from twenty-five to thirty 
dollars a day. Of course this is exceptional, but not out of rea- 
sonable possibility. A good printer can average the year round,on 
piece work, ^100 a month. When one reflects that the printing 
for all the Departments of the Government, and for Congress 
also, is done in this establishment, and that facilities must be on 
hand for doing this work at a moment's notice, some idea may be- 
formed of the immense volume of material in the office and the 
variety and amount of skilled labor that can be called into im- 
mediate requisitipn. There is published by the office a volume 
of about 400 pages, giving a full account of this insti- 
tution, the general management and details of the work, the 
number and names of the foremen and assistant foremen an d num- 
ber of men and women in each department, all the different kinds 
of work done, with the number and kinds of presses, the various 
machines in the book-making and binding rooms, together with 
all the apparatus and appliances in use in any of the departments. 
But nothing short of personal inspection can give one an adequate 
conception of this vast institution, and the amount and variety of 
work that is done in it. A position in the Government Printing 
Office is a good one either for a man or a woman, and in some re- 
spects these positions are preferable to places in the Depart- 
ments. 



" i » 



APPENDIX A. 



UNITED STATES CIVIL SERVICE COMMISSION. 



THEIR SECRET RULES FOR MARKING EXAMINATION^ PAPERS. 

We have secured from the archives of the Civil Service Com- 
mission a copy of their secret . rules for markhig examination 
papers.- These rules are of a strictly confidential character and 
the Commission has exercised great care to prevent their coming 
into the possession of any one except those whom they msiy favor 
with a copy. 

The true friends of genuine reform iu the Civil Service are. 
opposed to any such methods. Congress never intended that 
the Civil Service Commission should use the powers granted 
to them to fill the departments with their own friends, whiclf 
the secretion of their rules enables them to do. 
; In the interest of justice, therefore, and to the end that every 
one, as well as a favored few, may be benefited by a knowledge^ 
of these rules, and universal fair play be secured, we give these 
Eules to the public. The secret -^ Rules" are the following, viz: 

Mark every correct answer I 100 

3Iark every faulty answer according; to its value I The difference between 
on a scale cf 100, ■ nd asr ertaiu the value of a j the sum of the error-marks 
faulty answer ; s follows: jMark each error ip an ! of each pnsvrer and 100 will 
answer (error in spelling, capitalization, compu- i be the the mark of the an- 
^tation, punctuation, or by omission, addition, swer. 
substitution, trmsposition, etc.), as herein spe- 
cifically directed, and deduct the sum of the error- 
marks of each answer from 100 

325. 



226 

FIRST SUBJECT.— Orthography, Penmanship, and Copyino. 
Dictation Exercise, 

In this exercise no word or date may he abbreviated. 

From 100 
deduct— 

For eacli error in spelling 3 

For each word Oixitted , 

For each word inserted or added 

Fr each word substituted* 

For each transposition 

For each abbreviation 

For each error in capitalization (see rules; p. 230) , 

For each failure to use the period at the end of a sentence, and for each 

grossly improper use of a punctuation mark 

For irregularity in left-hand margin 

Copying Exercise.— (first subject.) 

For each error in spelling o 5 

For each wcrd or figuref omitted 5 

For each word inserted or added , 5 

For each word or figure substituted 5 

For each transposition 5 

For each abbreviation not in the copy:}: 5 

For each failure to capitalize according to copy 5 

For each failure to punctuate according to copy 5 

For each failure to paragraph according to copy 5 

For iiregularity in left hand margin 5 

Penmanship. — (first subject.) 

Mark penmanship | on letter according t j its value, 
on a scale of 100. 

Mark penmanship on exercise in copying accord- 
ing to its value, on a scale of 100. 

Divide the mm. of the marks on the letter and 
copying by 2 



The quotient will be the 
mark on penmanship. 



SECOND SUBJ::CT.— Arithmetic ; AND THIRD SUBJECT— Interest, 
Discount, and Elements of Book-keeping and op Accounts. 

Notation and Numeration.— (second subject.) 

For each failure to use the sign $ or £ 25 

For each omission of the decimal point 25 

For each mistake in placing the decimal poiot 25 

For each use of the comma where the decimal point should be used 5 

For each use of the peiiod where the comma should be used 5 

For each figure substituted , 10 

For each figure inserted 10 

For each figure prefixc d or suflSxed . 10 

For each figure omitted 10 

For incorrect pointing , 10 

*No charj^'e shall be made for the omission of the word or words in place of which the 
substituted - ords have b^en written. 

t The cipher is considered as a flyure. 

X Copy n. A pattern for writing ; that which is to be imitated. «' Let him first learn to 
write, af tt r a copy, all the letters." 

II In determining the value of penmanship on the letter and in the copying exercise, 
legibilty, formation of letter , and general appearance must be considered. 



227 

Fundamental Rules.— (second subject.) 

From 100 
deduct — 

For each error in computation 10 

For omission of tlie decimal poin'" in answer in which its use is required 50 

For mist ike in the use of the decimal point 25 

For use of the comma where the decimal point should be used 5 

Fractions and Problems. — (second subject.) 

For each error in computation 10 

For omission of the decimal point in arswer in which its use is required 50 

For mistake in use of the decimal point 25 

For use of the comma where the decimal point should be used. . .' 5 

For vvrong process producing incorrect result 100 

For complex statement, right result being produced 10 

For complex process or method, right result being produced 10 

If, when "work" or " operMtion in full" is required, the correct answer 

is given butno "wo- k" is shown 75 

If, when " work" or " operation in full" is required, the correct answer 

is given, and the process is clearly indicated but not writ .en full 15 

If no attempt is made to answer 100 

For failure to indicate the answer in problems by the letters: Ans.^ or 

otherwise .• 5 

For each failure to use the sign | or £, or any other monetary or com- 
mercial sign, or any sign by which the relations of quantities are ex- 
pressed, when the use of such is required in the statement or solution 

of a problem 5 

Book-keeping and Accounts. — (third subject.) 

For omission of heading c • 20 

For use of wrong heading 50 

For every misplacement of credits or debits 10 

For omission of date or item 10 

For omission or misplacement of balance 20 

For failure to bring balance down, when required 10 



2^ 



FOURTH SUBJECT. — Elements op the English Language, Lettbb- 

WBITING, AND THE PROPER CONSTRUCTION OP SENTENCES. 

T 

; PiiOPER Construction op Sentences. t 



-Each error in a sentence given for correction shall 
be valued at the amount that -would be pro- 
duced by dividing 100 by the sum of the, errors 
contained in the sentence. If, in correcting a 
sentence, errors are made in the answer that were 
not in the sentence given for correction, these 
errors shall be added to the errors of the. sentence 
to be corrected, and each error shall be valued at 
the amount resulting from a division of 100 by 
this sum. 

-Any exercise in this subject (letter writing ex- 
cepted) which does not present a definite number 
of points, so that it may be marked under de- 
finite rules, will be marked in the discretion of 

; the examiners upon the following considerations: 

(1) Whether the answer covers the question; 

(2) whether it is accurate; (3) whether it is 
unambiguous; (4) tliC degree of information and 
capacity it exhibits. 

In marking the letter, form, style, and matter will 
.T each be marked on a scale of 100, and the sum 

*; of these markings will be divided by 3 

In marking the letter the errors below-mentioned 
,; shall be charged to form, as follows: 

From 100 
deduct — 



Omission of date line 

Omission of name of place or date, in 

date line 

Omission of address 

Omission of name of person or place in 

address 

For each incompletely written ( 1 ) name 

of place in date or address; (2) date or 

address; ( 3 ) subscription 

For each error in spelling 

For each error in the division of words. . 

For each error in syntax 

^For irregular left-hand margin. 



The sum of the err^r- 
values credited for errors 
corrected in the answer, 
will be the mark of the 
answer. 



In the discretion of 
examiners. 



the 



The quotient resulting 
from a division of the sum 
of the markings on form, 
style and matter by 3, W:ill 
be the mark of the letter.^ 



The sum of the error- 
marks shall be deducted 
from 100, and the remain- 
der will be the mark on 
form in the marking of the 
letter. 



229 



No definite directions can be given for marking 
tlie style and matter of the letter, and the judg- 
ment of the examiners must therefore determine 
the value of each But it will be proper in de- 
termining the mark on style to consider : 

f ( 1 ) The mode of expressing the thought 
&3 or facts ; ( 2 ) rhetorical expression ; ( 3 ) 
^ { choice of words and their arrangement 
^ I (not including grammatical construc- 

[ tion.) 



(^ I And in determining the mark on matter, it 
^ J will be proper to consider : ( 1 ) adherence 
^i ! to the subject ; {2) intelligence and ability 
shown. 



In marking style and 
matter, the judgment^ of 
the examiners determines 
the mark on each. 



FIFTH SUBJECT.— Geography, History and Government. 

In marking this subject, each answer sHall be j Each question in thlg 
charged or credited, as nearly as practicable, in subject shall be marked in 



proportion to the number of points in the ques- 
tion. The examiners must also consider: ( 1 ) 
whether the answer covers the whole qutstion, 
aad is accurate ar.d unambiguous; (2) the de- 
gree ot information and capacity it exhibits. 

Charges shall be made as follows: 

"When the question requires in the answer the 

. names of a definite number of states, countries, 
persons, places, locations, or things, if a greater 
number of nam s is given in the answer than is 
required, for each unrequired name given 10 

Wnen the question requires in the answer certain 
names if a name not required is substituted for a 
name required 10 



the discretion of the exam- 
iners, according to its 
v£(lue on a scale of 100. - 



Special and Supplementary Examinations. . ' 

No definite directions can be given for marking all the papers of special an^ 
supplementary examinations, and tlae judgment of the examiners must there- 
fore determine the value of the answers in the tei-hnicil parts of any sucfi 
examination; but, as far as practicable, tbe papers of special and supplementary 
examinations should be marked under these rules. 



GENERAL PROVISIONS. 

1. Any error not covered by the foregoing rules will be marned in the dis- 
cretion c^f the examint^-rs. 

2. The examiners, having satisfactory evidence that an answer has been 
borrowed or otherwise improperly obtaiijed, the question will be marked 0, and 
the <-xaminati on papers, with the evidence, referred to the commission. J 

3. The examination papers of every applicant must be marked by at least two 
examiners, who shall each initial every paper marked by him with a pencil or 
ink of different color from that used by the other. Should a review by another 



230 

examiner be necessary to adjust differences, lie shall also initial every paper 
reviewed by him with a pencil or ink of another co]or. 

4. All err^is noted must be indicated by underiining or otherwise. The 
charge for each error must be noted on the margin of the sheet. 

5. In finding the average of the markings on any subject by dividing the sum 
of the credits by the number of questions, the unanswered questions must be 
counted in obtaining the divisor; but the divisor in the first subject will be one 
for penmanship in excess of the number of questions in that subject. 

RULES GOVERNING CAPITALIZATION. 

The following words should begin with capital letters: 

1. The first word oi every distinct sentence. 

2. Proper naiDes,* and titles of honor or office; as, George Washington, 
Thomas Jefferson, Abraham Lincoln, General Grant, Pvf sident Cleveland, Gov- 
ernor Marcy, Lord Tennyson, Sir Walter Scott, the Ohio, Fourteenth street. 

3. Adjectives derived from pioper names; ns, American, Eur. pean, African. 

4. The appellatioLS of the Deity; as, God, the Almighty, the Supreme Being, 
the Most High. 

5. The first word of every line of pcetry. 

6. The first word (f a direct quotation, when the quotation forms a complete 
sentence; as, " Christ says, 'My yoke is easy.' " 

7. Every ncme and principal word in the titles of books; as, " Pope's Essay 
on Man." 

8. The p ono m I and the interjection O are written in capitals 

Note. — Other words of particular imj ortance may begin with capital letters. 

The inclauitable evidence of the genuineness and authen- 
ticity of the foregoing document is in the possession of Charles 
Pelham, ^o. 52 Corcoran Building. 



[Extract from the Record of Proceedings of the Uaited States Civil Service Commission 

May 0,188/.] 

Whereas clause 2 of Rule VI, Amended Civil Service Rules, promulgated by 

the President on the 5th day of May, 1887, provides as follows: 

2. Andf jr the purpo-e of e tablishing ir the Classified S^rvic • the principle of com 
pulsory coir peti ive exaa^ij alio.- )oi pr ji otiou, the e s all be, so far as practicable and 
■nsef 11% suc'i f^xaminaf-io s of a <uita'"i'e cba'-acfer to test the fit> ess of persons for pro- 
xaotion in the service, and the Commis sion ma make Ke illations, applying them to 
any ClassiSed Department, Cnst'jms Office, or Post-Offlce, under ^hich regul tions ex- 
anilnatit^ns for promoticu shall be coniucted, and all promotions made; but until regu- 
lations made i^yth - Coti' mission in ^cco^daliCe herew'th have been applied to a Classitied 
Depa; till ent, Customs Olflce, or Post Offie promotion-' therein maybe made upon any 
test of fitness de erminea upon by the From ting Officer. Ann in any Cla sifled Depart- 
ment, Cus orQS Office, o Prst-uffice in which promotions are ma^Je under examinations 
as herein provid d, the Commission may, in special eases, i' the exigencies of the service 
require s ich action, provide no.;-competitive examinations for protrotion: 

Therefore resohed, Tbat, under authority conferred by clause 3 of Rule VI of 
the Amended Civil Service Rules, tie Commission hereby adopts the following 
Regulations for Promotion in tlie Classified Departmental Service, and also 
hereby applies the Regulations to the War Department, to be in force therein 
on and after May 7th, 1887. 

REGULATIONS FOR PRO>IOTIOJT IN THE CLASSIFIED DEPART- 
MENTAL SERVICE. 

Departmental Boards of Promotion — how constituted. 

Section 1. In each Department a Board of Promotion shall be constituted 
in the following manner : 

Clause 1. Upon the written request of the Commission the Head of the De- 
partment shall name — 1. Not less than six persons of a grade not below Class 
Four, whom he regards as the most competent of those serving under him for 

•The name of any object personified may be used as a proper name, and should then 
"begin with a capital letter; as, '* Come, gentle Spring." 



231 

places on the Board of Promotion, stating generally their qualifications; and 
from all thus named the Commission shall select three persons as the Board of 
Promotion of that Departmeot. 

2. In like manner, not less than two persons of a grade not below Class Four, 
serving in each Bureau of his Department, one of whom shall be selected as 
the auxiliary member of the Board for that Bureau. Each auxiliary member 
shall act with all the authority of a member of the Board in matters relating to 
promotions in the Bureau for which he has been appointed ; but at no other 
time shall he act as a member of the Board. Auxiliary members may, however, 
by action of the Board, be called in consultation with it upon matters relating 
to the general subject of promotioDs. In the- event of an equal division of the 
Board, when an auxiliary member is acting, the Commission shall decide. 

Clause 2. Upon designation by the Commission, one member of each Board 
shall act as Chairman, and another as Secretary. 

DUTIES OF BOARDS AND OF PROMOTING OFFICERS. 

Section 2. Departmental Boards of Promotion thall perform the following 
duties: 

Clause 1. Immediately after the orgauizatiou of a Board of Promotion in any 
Departmen , the head of that Department shall furni h to the Commission, upon 
its request, a schedule of the several classes of officers, clerks, and employees 
who have b' en classified in said Department under the Civil Service Act of 
Januarj'- 16, 1883 (iudicating those excepted from examination under the Civil 
Service Bu'es), in each Bureau of the D paitment, with a list of the names of 
the persons in each of said classes. 

Clause 2. Upon receipt of the "chedu'C of classes of any Department, the 
Commission shall require the Promotion Board of said Department to deter- 
mine and report to it the examination necesaryfor pi emotion to each class 
above the lowest, exceptiag the Special Class hereiaafter provided for. 

ClxVUSe 3. The lowest class from which promotrous may be made by exami- 
nation and certification, as herein provided for, is the class giving; an an ual 
sa'ary of $1,000: Provided, That any person in a class giving an snnual salary 
of $900 or le>s- appointed thereto upon c.rt ficatioc fiom the General Register, 
may, after probation and absolute appointment, compete for promotion to Class 
One. 

Any person, appointed upon certification from the General Rrgistcr, to a place 
giving an annual s ilary of $900 or less mav be promoted; in the 'liscretion of 
the Head of thj Depar ment, during pr)bation or a'ter a*) olute appointment, 
tot lie $1,000 CI iss; and any- person in a c' ass giving an annual salary of $900 
or less appointed thereto upon c-rtifica'io i from the Limited Register, may, 
aft'r^r probation and absolute appointment, up m c 'rtification by the Commission 
that such person has passed tlie Gen. ral Examination, b ■ promot d in the dis- 
cretion of the Haad of the Oe 3art>n 'Ut to the $1,000 Clas*; and any pe.-s<^n in 
a Class giving an annual Si-lary or less thanoOnO, appointed ther. to upon certifi- 
cation from tile Limited Register, may be prooi.oted, in tbe discretion of the 
Head of the Department, dudng probation or aftei absolute aopoi-itment, to 
the $900 Class. 

A' y person who, by reason of any classification, is in tbe Classified Depart- 
mental Service, in a cla^s b low the $1,000 Clas=, b ut vvh^' was net appointed 
upon examination and certification by t le Co. amission, shall be e-i.titled to the 
same right of promotion to the $1,000 Class and of conipe^iticm for promotion 
to Class One, as th.:se appointed fro 21 the Gener \ Register of t'je Commission 
to a cl iss below the $1 000 Class. 

Clause 4. Examinations for promotion shall b3 c mduct d under the direc- 
tion of, and u,")on written questions approved by, the Conmission; and the 
Boards of Promotion shall, under the supervision of the Commission, siiar the 
examination papers of all co npctitor>i, e cepting those of competitors for the 
Special Class heriinafter provided for. But it is especially provided that one of 
th.^ subjects of each examination shall be "Efficiency,'' which shall be marked 
by the Head of the Bureau, as follows : 

A list of the names of the competitors in each Class below the Class to which 
promotions are to be made, sha'l, after each examination, be furnished to the 



232 

Head of the Bureau, wlio shall mark the "Efficiency" of. each competitor on a 
scale of 100, and in so doing shall consider the attendance, application, habits, 
alnlity, and adaptability of each to tlie duties of t^ie Class in which he is S; rv- ■ 
in*^ ; and hereafter such record shall be kept of the hab tg and work of the em- 
ployees in the various Dep irtments as will show their Efficiency. 

,'bLAUSE 5. Whenever the lead of any Department shall so request, the ex- 
aminati ns for promotim in his Department shall bs made without regard to 
Bureaus, and he shall mark the Efficiency "f the competitors.- In such exam- 
inptions no ;iuxi!iary member of the Board of Pr:>motlon shall act. And when- 
ever the Head of any Depar ment shall so lequest, the excmiinations for pro- 
motion in any Bureau thereo shall be made by' divisions, the Head of the 
Bureau to mark the Efficieu'y of the competitors, and the auxiliary member 
of the Board of Promotion for that Bureau to act. 

Clausr 6. To every subject in an examination a relative weight, according 
to its importance in the examinati m, shall be given. The result of each cxami- 
naticn shall be ascert ined as follows: Each qu stion will be marked on a scale 
of 1-00; the average of the marks in each subject will be multiplied by the number 
indicating the relative weight of ihesubject, andtl.esum of the products will be 
divided hy the sum of the relative weight; the quotient will be the competitor's 
standing in the examination. 

Ad competitors who attain an average of 75 per cent, shall be eligible to pro- 
motion; and their names, with the average obtained by each, shall be entered 
upon a Register of Eligibles. 

Clause 7. Positions requiring technical, pro*"essiooal, or scientific know- 
ledge, or knowledge of a language other th n th^' English language, or peculiar 
or special skill, on the part of the pers'^ms occupying them, for which exami- 
nations have been or may be provided by the iT'ommission, shall be known, for 
purp ses of promotion, as posit;o is of tlie Special Class; and promotions to 
any position in the Special Class shall be made ii the following manner: 

Whemver the C mmissi n shall order an (Ximination to be held for the pur- 
pose of determining the fitness of applicants in any Bureau for promotion to 
any posiiioaio the specixl cla s of sa^d Bureau, the Promotion Board, acting 
witii the Auxiliary Member of that Bureau, shall give proper notice that all 
persons in said Bureau wishing t ) compete for promotion may be examined, 
upon making written application for such examination, at a time and place to 
be named in said no'ice. 'Th" questions for such examination shad be pre- 
p: red by the Special Board of Examin-jis, which is charged by the Commission 
with the duty of as' ertaining the qualiticaticns of ypplcants for a'^mission by 
original vppointment to the posit on in the S:jec"al Class for which the exami- 
nation tor promotion U to be held. All suchquest'ous must be submitted to the 
Commission for approv 1. 

Thf^ examination papers of every examination for promotion to the Special 
Class shall be marked by the appropriate Special Board of Examiners; and the 
Bo;u-d, accepting the rating in Efficiency, m -.de in the manner prescribed in 
( lause 4 of this Section, shall grade each applicant, as provided in Clause 6, 
and furnish to the commission a ist of the names of all the applicants, indi- 
cat ng ihe grading of each; and the names of all app'icants graded at 75 per 
cent, or over shall be placed upon a J Agister of Eligibles. 

Clause 8. The Registers of persons t ligible to promotion shall be kept by 
the Commission ; and upon the written request of the Promoting Officer the 
Commi sion shall certify to said officer a list of the names of all the persons 
e'igib'e to promotion to the vacancv to be filled ; and from among the persons 
whose names are thus certified the rromotion shall be made. 

Clause 9, Pe>sons who fail to obtain the minimum grade of eligibility to 
promotion shall be re-examined after the expiration of six months ; and if they 
then again fail to pass may be reduced to a lower Class, or be dismissed from 
the s rvice. This provision, hovever, shall not apply to persons who are ex- 
amined for promotion to the Special Class. 



233 

Clause 10, Each Boiird of Pr^motivon shall meet on the first Saturday of 
July, a'nnuary, and make to the Commission a report of its transactions dur- 
iiig'the preceding fiscal year, and of the results of its work. The Beard shall 
also meet at such other times as it may determine upon. 

Wmt SHALL COMPETE. 

Section 8. Promotions shall be made from the $1,000 Class, and from Classes 
under the $1,000 Class as hereinbefore provided, to the First Class; from 
the First to the Second Class; from the Second to the Third Class; and from 
the Third to the Fourth Class. All persons in the Class immediately below 
the CJass to which promotions are to be made must be examined for promotion; 
and, upon recommendation of the Board of Promotion, the* ommission may 
optn competition to persons in one or Kore of the Classes immediately below the 
Class required to be examined or which has been examined. Persons in the 
Classes below the $1,000 Class, appointed from the General Register, upon mak- 
ing to the Board of Promotion written application therefor, shall be examined 
for promotion to Class One. Upon written application tor any Supplementary 
or Special Examination, any person in a Class not below the $1,000 Class may be 
examined for promotion t ) the Spec al Class at such times as the Commission 
m,ay direct. 

THE COMillSSION AND PKOIIOTION EXAMINATION. 

Section 4. All examinations for promotion shall be supervised and con- 
trolled by the Commission. 

FOE dismissal. 

Section 5. Any member of a Board of Promotion who discloses, or any em 
ployee who procures or attempts to procure, any of the questions of an exami- 
nation for rromotion, shall be reported by the Commission to the Head of the 
Department for dismissal from the service. 

HOW PROMOTED PERSONS SHALL BE ASSIGNED. 

Section 6. All persons promoted shall be assigned to the duties of the gr^de 
to which they have been promoted, unless the interests of the service require 
their assignment to other duties, which fact shall be reported by the Head of 
the Bureau or Ofiice to the H^ead of the Department. 

<39: 9 kl2 5vr ly 34. X6. 



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